Dismissed

Ravikumar Pravinbhai Patel v. State of Gujarat

Gujarat HC9 Dec 2021SCR.A/11747/2021

Case brief

AI extract

What is this about?

Petitioner filed a writ petition under Article 226 seeking Habeas Corpus to produce his wife (the corpus) and hand her custody to him. The corpus, accompanied by her parents, expressed desire to stay with them and stated she was not in illegal confinement. The High Court found no substance in the petition and dismissed it.

What did the court decide?

Petition stands disposed of; notice discharged.

Ravikumar Pravinbhai Patel Vs State of Gujarat — Child Custody and Guardianship | Gujarat HC (2021)

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R/SCR.A/11747/2021 ORDER DATED: 09/12/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CRIMINAL APPLICATION NO. 11747 of 2021

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RAVIKUMAR PRAVINBHAI PATEL

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Versus STATE OF GUJARAT

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Appearance:

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DHRUV J PATEL(9232) for the Applicant(s) No. 1 NOTICE NOT RECD BACK(3) for the Respondent(s) No. 2,3,4,5 MS JIRGA JHAVERI, ADDL. PUBLIC PROSECUTOR(2) for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE S.H.VORA

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and HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

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Date : 09/12/2021

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

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Originally, the matter was ordered to be posted on 15.12.2021. However, learned APP makes a request to prepone the matter since the corpus is found and present before the Court, and therefore, the matter is fixed today.

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By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for writ of Habeas Corpus or any other appropriate writ, order or direction directing the respondent Nos.2 and 3 to produce corpus Mansi, who is legally wedded wife of the petitioner and to handover her custody to him.

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Pursuant to notice issued by this Court, the respondent No.4 has produced the corpus before us, who happens to be father of the corpus. We have interacted with the corpus in

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Page 1 of 2

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R/SCR.A/11747/2021 ORDER DATED: 09/12/2021

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presence of learned advocate Mr. Dhruv Patel for the petitioner and petitioner so also the respondent No.4, who happens to be father of the corpus. In presence of the parties, the corpus has expressed her desire to stay with the respondent Nos.4 and 5, who happens to be her parents and she further informed to us that she is not in illegal confinement or custody of them.

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In view of such position, we do not find that the corpus is in illegal confinement or custody of any of the private respondents and therefore, we do not find any substance in the present petition and accordingly, present petition stands disposed of. Notice discharged.

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(S.H.VORA, J)

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(ANIRUDDHA P. MAYEE,J)

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SHEKHAR P. BARVE

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Ravikumar Pravinbhai Patel v. State of Gujarat

Case brief

What is this about?

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Ravikumar Pravinbhai Patel v. State of Gujarat

Case brief

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