Petitioner applied for habeas corpus to get custody of respondent No.4 from respondent No.3. Court found respondent No.4 was voluntarily with respondent No.3 and not in illegal custody. Petition disposed of.
Present petition disposed of; Notice discharged.
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R/SCR.A/11541/2021 ORDER DATED: 09/12/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 11541 of 2021
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KIRANBEN NAROTTAMBHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR Y J PATEL(3985) for the Applicant(s) No. 1 for the Respondent(s) No. 2
DS AFF.NOT FILED (N)(11) for the Respondent(s) No. 4 NOTICE SERVED THRU CONCERNED PS for the Respondent(s) No. 3 MS JIRGA JHAVERI APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE S.H.VORA and
HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 09/12/2021 ORAL ORDER
(PER : HONOURABLE MR. JUSTICE S.H.VORA)
By way of present petition under Article 226 of the Constitution of India, the petitioner, who happens to be the mother of the respondent No.4, has prayed for issuance of writ of habeas corpus directing the respondent No.2 to produce the corpus – respondent No.4 before this Court and to hand over the custody of the respondent No.4 to the petitioner.
Page 1 of 2
R/SCR.A/11541/2021 ORDER DATED: 09/12/2021
Y.J.Patel. The respondent No.4 has informed us that she is not in illegal confinement or custody of the respondent No.3 and she has voluntarily joined the company of the respondent No.3. The respondent No.4 has also informed us that she is not ready and willing to go with her mother.
(S.H.VORA, J)
(ANIRUDDHA P. MAYEE,J)
KAUSHIK D. CHAUHAN
Page 2 of 2
2 issues framed by the court
Whether the present writ petition under Article 226 for habeas corpus should be entertained given that the ward is not in illegal confinement.
Whether the ward is willing to go with her mother.
1 provisions across 1 enactments
KIRANBEN NAROTTAMBHAI PATEL
STATE OF GUJARAT
RESPONDENT NO.3
RESPONDENT NO.4
RESPONDENT NO.2
S.H.VORA
ANIRUDDHA P. MAYEE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
