Disposed

Gauriben Tufanbhai Bhabhor v. State of Gujarat

Gujarat HC22 Dec 2021SCR.A/12044/2021

Case brief

AI extract

What is this about?

An applicant, mother of a minor, filed a writ petition for habeas corpus demanding production and custody of her daughter. Upon production by police, the court noted the minor expressed a desire to stay with her mother and permitted her to reside there, disposing of the petition with other rights open.

What did the court decide?

The minor was permitted to stay with her mother (the petitioner). All other rights of the petitioner qua Respondent No. 4 were kept open.

Gauriben Tufanbhai Bhabhor Vs State of Gujarat — Child Custody and Guardianship | Gujarat HC (2021)

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R/SCR.A/12044/2021 ORDER DATED: 22/12/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CRIMINAL APPLICATION NO. 12044 of 2021

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GAURIBEN TUFANBHAI BHABHOR

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Versus STATE OF GUJARAT

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Appearance:

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MR A A ZABUAWALA(6823) for the Applicant(s) No. 1 MS. DIPA B ZALA(6937) for the Applicant(s) No. 1 for the Respondent(s) No. 2,3 DS AFF.NOT FILED (N)(11) for the Respondent(s) No. 4 MS JIRGA JHAVERI APP(2) for the Respondent(s) No. 1

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

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Date : 22/12/2021

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ORAL ORDER

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

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By way of present petition under Article 226 of the Constitution of India, the petitioner who happens to be the mother of the minor corpus–Ms. Shittalben Tufanbhai Bhabhor seeks issuance of a writ of habeas corpus directing respondents No.2 and 3 to produce daughter of the petitioner and to handover her custody to the petitioner.

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Today, the corpus is produced before us by Mr.P K Prajapati, In-charge Police Inspector and Ms.Jashodaben Prabhudas, Woman Police Constable, Buckle No.1311, Ravpura Police Station, Vadodara. The corpus is minor. We have interacted with the corpus and she has informed us that respondent No.4 has taken away her; but just before four days from today she is with her mother and she has expressed

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Page 1 of 2

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R/SCR.A/12044/2021 ORDER DATED: 22/12/2021

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her desire and will to stay with the petitioner. Accordingly, we permit her to stay with the petitioner who is her mother.

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Since now the corpus is not either in illegal confinement or custody of any of the private respondent, more particularly, respondent No.4, we dispose of this petition keeping all other rights open for the petitioner qua respondent No.4.

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(S.H.VORA, J)

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(ANIRUDDHA P. MAYEE, J.)

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sompura

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Gauriben Tufanbhai Bhabhor v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Gauriben Tufanbhai Bhabhor v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

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