High CourtsDivision Bench(2010) 10 GUJ CK 0119

Patel Bharatbhai Parbhabhai vs State of Gujarat and Others

Gujarat High Court · Decided on 26 October 2010

HON’BLE JUDGES
Jayant M. Patel, J · H.B. Antani, J
RESULT
Allowed
CASE NUMBER
Special Criminal Application No. 2075 of 2010

AI Structured Summary

Not yet generated for this judgment

Judgment

6 paragraphs · 215 words

Jayant Patel, J.—The present petition has been preferred by the Petitioner-husband to set his wife Bheriben free on the allegation that she has been wrongfully confined by her parents-Respondent No. 3 - Patel Madevabhai Gamanbhai and others.

2.

Pursuant to the earlier order passed by this Court, corpus-Bheriben is present with her uncle Champabhai Khetabhai Patel with Police Officer Shri T.M. Rajput, A.S.I., Dhanera Police Station.

3.

We have inquired the prevalent desire of the corpus and she has declared before us that she is desirous to go to her husband''s place. The Petitioner is also present. He has stated that if the corpus is desirous to stay with him, he shall properly treat her as wife.

4.

In the above view of the matter, we set the corpus free. She shall be at the liberty to stay with her husband.

5.

The petition is allowed to the aforesaid extent. Rule is made absolute.

6.

It is observed that Respondent No. 3 or any of his relatives shall not create any disturbance in the marriage life of the corpus and the Petitioner and if any harassment is made, they shall be at the liberty to file a complaint with the concerned police station and the concerned Police Officer shall take action in accordance with law.