Walwani Anil Pratapbhai vs State Of Gujarat

Sonia Gokani, J

This is a petition preferred by the petitioner â€" husband under Article 226 of the Constitution of India praying for issuance of writ of habeas corpus

or any other appropriate writ seeking production of his wife â€" Harsha who according to him is in the wrongful confinement of respondent no.4.

This Court issued notice on 14.02.2020. Thereafter, much efforts were made by the police to trace the corpus and eventually she was found on

27.07.2020 and was produced before us through video conference arranged at City Civil and Sessions Court, Ahmedabad in presence of Mr.

D.D.Thakker, learned Judge, City Civil and Sessions Court, Ahmedabad.

The order passed on 27.07.2020 deserves reproduction:

“1. This Court on 12.03.2020 in passed the following order:-

“1.Today, Mr. Ronak Raval, learned Additional Public Prosecutor, has submitted the report dated12.03.2020 of the Woman Police Sub Inspector,

Sardarnagar Police Station, Ahmedabad City, which is taken on record. In the said report, it is stated that the concerned police station had received an

application dated 28.01.2020 sent by the corpus through Post, wherein it was stated that she had left the home on account of the mental and physical

harassment meted out to her by her husband. However, the authenticity of the said application cannot be believed without proper inquiry into the

matter.

We are informed by the learned Additional Public Prosecutor, under instructions, that in the past also, the corpus had eloped with respondent No.4.

Henceforth, let investigation into the case be carried out by the Assistant Commissioner of Police, Women Cell, Ahmedabad City, who shall

constitute a team of her own choice. Let intensive efforts be made for tracing out the corpus. An action taken report shall be placed on record on the

next date of hearing. S.O to 30.03.2020.â€​

Today, the corpus has been brought and presented to us through the video conferencing arranged by Shri D.D.Thakker, learned Judge, City Civil &

Sessions Court, Ahmedabad. He had ensured not to keep anyone present in his chamber and also ascertained from the corpus whether she has

sustained any harassment or injuries at anyone’s hands and whether she is scared of any one. She has answered very clearly and firmly that she

is not desirous to join her husband. She claims to have been at the place of one Laxmiben. She has been brought to the City Civil Court, Ahmedabad

by ACP, Ms.K.M.Joseph. She has not been able to gather the details of the family where the corpus was residing.

Let the requisite details be brought before the Court by 31.07.2020. In the meantime, the corpus shall be kept at Nari Vikas Gruh. The

Administrator, Nari Vikas Gruh shall provide all facilities to her. She shall be escorted upto Nari Vikas Gruh by the ACP concerned. Basic necessities

such as clothing etc, if not available with the corpus, let the same be provided by the police authority. The report be furnished including the details of

respondent No.4.

S.O to 31.07.2020. The corpus shall be produced on 31.07.2020 through the Video Conferencing to be arranged by City Civil & Sessions Court,

Ahmedabad.â€​

Since the corpus was not ready to join the husband or any of the relatives, we had chosen to keep her at the Nari Vikas Gruh, Paldi and requested

Ms. Josheph, Assistant Commissioner of Police, Women Cell, Crime Brach to let this Court know of the credentials of Laxmiben and her family with

whom the corpus choose to live on her own.

4.1. She has produced a detailed report today and has also recorded the statement of the sister of the corpus, paternal aunt and other relatives. She

also has reported that the corpus, in the past, had developed liking for a boy namely Bharat whose whereabouts is not found, however, on contacting

his wife it could be known that he already has an affair with someone else and is not available for quite some time.

The corpus is produced today from the Nari Vikas Gruh, Paladi and in presence of learned Judge, City Civil and Sessions Court, Ahmedabad she

reiterated her version given on the last occasion that she would prefer to be on her own. She also has found job for herself and is keenly desirous of

being financially independent. She has stated that because of the disputes between her mother and father, she has been brought up by the mother

whereas her elder sister is brought up by the father and therefore, she does not have tuning with her sister and paternal aunt. Considering their

concern and offer to keep her happy and with them, we have requested learned Judge Mr. Thakker to arrange the meeting between the corpus and

her family members. The husband also has remained present at the City Civil and Sessions Court, Ahmedabad. Let the same be regulated by him and

be attended by Ms. Josheph, Assistant Commissioner of Police, Women Cell, Crime Branch.

Having satisfied ourselves in relation to the credentials of Laxmiben and her family who live in a joint family where three brothers reside with sister

and the parents and with no adverse report, the corpus has chosen to be on her own and with them, we deem it appropriate to dispose of this petition

with the direction of arrangement of meeting as stated above and with the further direction to the Assistant Commissioner of Police to follow up the

entire matter for at least six months without creating any hurdle or disturbance in her routine life so that she in no manner gets exploited.

If she requires any legal aid, we have given her an understanding and the administration of the City Civil and Sessions Court, Ahmedabad may help

her in getting legal aid for legal course.

We place on record our appreciation for the assistance rendered by both Mr. D.D.Thakkar and Mr. Bhatti, learned Judges, City Civil and Sessions

Court, Ahmedabad and also the effective manner in which Ms. Josheph, Assistant Commissioner of Police, Women Cell, Crime Branch, has

conducted this matter.