Petitioner sought habeas corpus for her daughter. Court interrogated the daughter who disclosed she left voluntarily. Writ application disposed of as no illegal confinement found.
Refrained from entertaining the petition; declared corpus set free as no illegal confinement found.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
R/SCR.A/12590/2021 ORDER DATED: 21/12/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 12590 of 2021
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ASHABEN MAHENDRAKUMAR KADIYA
Versus
STATE OF GUJARAT
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Appearance:
AADITYA D BHATT(8580) for the Applicant(s) No. 1 CHANDNI S JOSHI(9490) for the Applicant(s) No. 1 MS MAITRI PATEL for the Respondent(s) No. 3 MS JIRGA JHAVERI APP for the Respondent(s) No. 1, 2
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CORAM: HONOURABLE MR. JUSTICE S.H.VORA and
HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 21/12/2021 ORAL ORDER
(PER : HONOURABLE MR. JUSTICE S.H.VORA)
By way of present petition under Article 226 of the Constitution of India, the petitioner, single mother, seeks writ of habeas corpus directing the respondent No.2 to immediately trace the petitioner’s daughter namely Shefali Kadiya and produce her before this Court and set her at liberty forthwith.
Page 1 of 2
R/SCR.A/12590/2021 ORDER DATED: 21/12/2021
she has left company of her mother on her own will and without any threat or she is abducted by anyone including the respondent No.3.
(ANIRUDDHA P. MAYEE, J.)
KAUSHIK D. CHAUHAN
Page 2 of 2
1 issue framed by the court
Whether the daughter is in illegal confinement or forcefully detained by the respondent.
1 provisions across 1 enactments
Ashaben Mahendrakumar Kadiya
Shefali Kadiya
State of Gujarat
S.H.Vora
Aniruddha P. Mayee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
