The Gujarat High Court disposed of a habeas corpus petition by the minor's father, noting the child expresses happiness living with parents. The Court permitted the child to stay with parents and discharged notice.
Permitted the minor to stay with parents; petition disposed of; notice discharged.
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/8435/2021 ORDER DATED: 20/12/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 8435 of 2021
==========================================================
NARAYANBHAI MONJI YADAV
Versus
STATE OF GUJARAT & 5 other(s)
==========================================================
Appearance:
HCLS COMMITTEE(4998) for the Applicant(s) No. 1 MR PV PATADIYA(5924) for the Applicant(s) No. 1 for the Respondent(s) No. 10,11,7,8,9 NOTICE SERVED(4) for the Respondent(s) No. 2,3,4,5,6 MS JIRGA JHAVERI APP for the Respondent(s) No. 1
==========================================================
CORAM: HONOURABLE MR. JUSTICE S.H.VORA
and HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 20/12/2021
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 father of the corpus – Kajal, seeks issuance of writ of habeas corpus to produce the corpus named Kajal before the Court and to hand over the custody to the present petitioner.
Page 1 of 2
R/SCR.A/8435/2021 ORDER DATED: 20/12/2021
(S.H.VORA, J)
(ANIRUDDHA P. MAYEE, J.)
KAUSHIK D. CHAUHAN
Page 2 of 2
2 issues framed by the court
Whether to issue writ of habeas corpus to produce the minor before the Court and hand over custody to the petitioner given the minor's happy staying with parents.
Whether any further order is required when the minor expressing desire to stay with parents.
NARAYANBHAI MONJI YADAV
STATE OF GUJARAT
KAJAL
S.H. VORA
ANIRUDDHA P. MAYEE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
