Dismissed

Manibhai Devabhai Rohit v. State of Gujarat

Gujarat HC16 Dec 2021SCR.A/10479/2021

Case brief

AI extract

What is this about?

The petitioner filed a habeas corpus petition seeking the return of his daughter, alleging illegal detention. The High Court directly interacted with the girl and found she had left her parental home voluntarily and desired to be with the other respondent. Petition dismissed.

What did the court decide?

The petition is dismissed as it lacks merit based on court interaction showing voluntary presence with the respondent.

Manibhai Devabhai Rohit Vs State of Gujarat — Child Custody and Guardianship | Gujarat HC (2021)

¶1

R/SCR.A/10479/2021 ORDER DATED: 16/12/2021

¶2

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

¶3

R/SPECIAL CRIMINAL APPLICATION NO. 10479 of 2021

¶4

==========================================================

¶5

MANIBHAI DEVABHAI ROHIT

¶6

Versus STATE OF GUJARAT

¶7

==========================================================

¶8

Appearance:

¶9

MR. JAVED S QURESHI(6999) for the Applicant(s) No. 1 for the Respondent(s) No. 2,3 NOTICE UNSERVED(8) for the Respondent(s) No. 4 Ms MONALI BHATT, ADDL. PUBLIC PROSECUTOR(2) for the Respondent(s) No. 1

¶10

==========================================================

¶11

CORAM: HONOURABLE MR. JUSTICE S.H.VORA and HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

¶12

Date : 16/12/2021

¶13

ORAL ORDER (PER : HONOURABLE MR. JUSTICE S.H.VORA)

¶14

By way of present petition under Article 226 of the Constitution of India, the petitioner, who happens to be father of corpus Heenaben, has sought relief to issue a writ of habeas corpus or any other appropriate writ, order or direction directing 2 to 4 to forthwith produce his daughter and handover the custody to the petitioner.

¶15

Corpus Heenaben is produced before us through ASI Vipulbhai Bhailalbhai, Buckle No.528 along with Lok Rakshak Police Constable Premilaben Amarsinh, Buckle No.440. Learned advocate Mr. MM Tirmizi states at bar that he appears for the corpus.

¶16

We have interacted with the corpus in presence of

¶17

Page 1 of 2

¶18

R/SCR.A/10479/2021 ORDER DATED: 16/12/2021

¶19

petitioner Manibhai Rohit and his learned advocate Mr. Javed Qureshi. According to the petitioner, the corpus is illegally detained by the respondent No.4 against her wish. Upon our interaction with the corpus, we have noticed and found that the corpus has on her own wish and desire left the parental and matrimonial home and joined the company of respondent No.4. She has specifically disclosed before us that she is not in illegal confinement or custody of the respondent No.4 or forcibly detained by him.

¶20

In view of such position, we do not find any merit in the petition and therefore, we set the corpus free. Accordingly, the petition stands dismissed. Notice discharged.

¶21

(S.H.VORA, J)

¶22

(ANIRUDDHA P. MAYEE,J)

¶23

SHEKHAR P. BARVE

¶24

Page 2 of 2

Manibhai Devabhai Rohit v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Manibhai Devabhai Rohit v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

State of Gujarat Vs Kalavatiben Ratanlal Joshi

Sihore Municipality Vs Bharatbhai Nonghabhai Gadhvi

Chief Officer Vs Hamadbhai Fajubhai Khojjada

Shailesh Kumar Singh S/O Late Mr. Bhagwat Roy Vs Executive Director and Appellate Authority

Ghughabhai Naranbhai Shuvan Vs State of Gujarat

Natvarbhai Aatabhai Makwana Vs State of Gujarat