Ashok Shivlal Vaishya vs State of Gujarat and Others

A.M. Kapadia, J.—By way of filing this instant petition under Article 226 of the Constitution of India, the Petitioner, has prayed to issue writ of Habeas Corpus against Respondent Nos. 3, 4 and their relatives and direct them to produce wife of the Petitioner viz. Simran before this Court as she is illegally detained by Respondent Nos. 3, 4 and their relatives.

As per averments made in the petition, the Petitioner belongs to Hindu Vaishnav community whereas Respondent No. 5 Simran, belongs to Muslim community and their marriage has been solemnized on 27th April, 2010 at Kundel and since then they were living together happy married life at Hari Om Tower, Second Floor, Sorabhji Compound, Old Vadej, Ahmedabad. However, due to fear of threat of Respondent Nos. 3, 4 and their relatives, the Respondent No. 5-wife, had filed complaint before Shahpur Police Station on 04.05.2010 complaining with regard to the fear and threat of Respondent Nos. 3, 4 and their relatives as they were headstrong persons as Respondent No. 5-S Imran is of the belief that they can do anything to harass her and also the they can disturb their happy marriage life.

Thereafter, on 29.05.2010 when the Petitioner was not at home, Respondent No. 3 had forcibly and illegally taken away Respondent No. 5 from Petitioner''s house. The Petitioner thereafter has filed application before Respondent No. 2 stating the fact of his wife being illegally detained by the Respondent No. 3. After due search of Petitioner''s wife, Petitioner approached Respondent No. 2 but Respondent No. 2 has not taken any prompt action in producing Petitioner''s wife before them. Thereafter number of times he has orally requested the Respondent No. 2, but the Respondent No. 2 did not pay any heed to his request. Therefore, by way of this petition, the Petitioner has prayed for the relief to which reference is made in earlier paragraph of this judgment.

This Court, vide order dated 09.11.2010, had issued Notice to the Respondents which was made returnable on 18.11.2010 on condition that Petitioner shall deposit Rs. 5,000/- as cost to show his bonafide.

In response of the aforesaid order, Rs. 5,000/- has been deposited as cost, and, thereafter Notice came to be issued.

In pursuance of the Notice, Mr. B.S. Vankar, P.S.I., Naranpura Police Station, with the assistance of lady police constable, has taken custody of Simran from Respondent Nos. 2 and 3 and produced her before this Court.

We have ascertained from her about her illegal detention by Respondent No. 3 and she has unequivocally stated before us that she is not illegally detained by Respondent No. 3. She has also stated before us that she is residing with Respondent No. 3 peacefully and she does not want to accompany the Petitioner. She has also reiterated that the Petitioner compelled her forcefully to marry with him and he has also administered threat that if she will not sign papers of marriage, he would kill her father and abducted her minor brother. Therefore, under duress and compulsion she made signatures on the marriage papers, otherwise she was never willing to stay with the Petitioner.

In view of these, since the Respondent No. 5-Simran is not in illegal detention of Respondent No. 3, we have permitted Respondent No. 5-Simran to go with her father-Respondent No. 3 herein.

For the foregoing reasons, petition fails and it is accordingly rejected. Notice is discharged.

The amount of Rs. 5,000/- deposited as cost by the Petitioner to show his bonafide shall be paid to Respondent No. 5 Simran upon due verification.