Dismissed

Vijay Harshadbhai Jasoliya v. State of Gujarat

Gujarat HC8 Sept 2026SCR.A/12284/2026

Case brief

AI extract

What is this about?

The High Court of Gujarat dismissed a habeas corpus petition. The child was major and the marriage was solemnized. The petitioner assured the court of care and no claim on father's property. The corpus expressed a desire to leave with her husband. The petition is disposed of, notice discharged, and safe passage directed.

What did the court decide?

Petition disposed of; notice discharged; safe passage directed by State authority for petitioner and respondent no. 6.

Vijay Harshadbhai Jasoliya Vs State of Gujarat — Child Custody and Guardianship | Gujarat HC (2026)

¶1

R/SCR.A/12284/2026 (GJHC240632652026) ORDER DATED: 08/09/2026

¶2

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

¶3

R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 12284 of 2026

¶4

====================================== VIJAY HARSHADBHAI JASOLIYA

¶5

Versus

¶6

STATE OF GUJARAT & ORS.

¶7

====================================== Appearance:

¶8

MR ROHITKUMAR R SHARMA(12025) for the Applicant(s) No. 1 NOTICE NOT RECD BACK for the Respondent(s) No. 2,3,4,5,6,7,8 MS. SHRUTI PATHAK, APP for the Respondent(s) No. 1

¶9

======================================

¶10

CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE and

¶11

HONOURABLE MS. JUSTICE NISHA M. THAKORE

¶12

Date : 08/09/2026

¶13

ORAL ORDER

¶14

(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)

¶15

In response to the notice issued earlier, the corpus was produced before the Court through the concerned Police Station, as the corpus was in Nari Vikas Kendra at Surat. The respondent no.5 – father of the corpus is also present before the Court.

¶16

It appears that the marriage has already been solemnized between the petitioner and the corpus – respondent no.6 and the marriage certificate is annexed at Annexure-B. The corpus is major. The Court has interacted with the corpus in presence of the learned advocates for the respective parties, learned APP as well

¶17

Page 1 of 3

¶18

R/SCR.A/12284/2026 (GJHC240632652026) ORDER DATED: 08/09/2026

¶19

as the respondent – father. The concerned raised by the father is only with regards to the well being of his daughter after the solemnization of the marriage and therefore, the petitioner is required to file an affidavit before this Court to which the learned advocate for the petitioner assures the Court that during the course of the day, an affidavit will be filed to the extent that the petitioner will take due and proper care of his wife – respondent no.6 with all matrimonial rights and will not give any occasion to complain. He would also file an affidavit to the extent that both the petitioner and his wife will not claim any right in the property of the father.

¶20

In view of the aforesaid and particularly, the marriage being solemnized between the petitioner the respondent no.6 wife and the wife being major, is at free will to join any person of her choice.

¶21

Upon interaction, the wife has indicated that she would like to go in company of her husband. In view of the aforesaid, no further orders are required to be passed. The petitioner shall file aforesaid affidavit before this Court within a period of two days and the respondent no.6 is permitted to go with the person of her choice being her husband.

¶22

In view of the apprehension raised by the petitioner,

¶23

Page 2 of 3

¶24

R/SCR.A/12284/2026 (GJHC240632652026) ORDER DATED: 08/09/2026

¶25

learned APP for the respondent – State authority, may provide for safe passage of the petitioner and the respondent no.6 corpus.

¶26

With the aforesaid observations, the present petition stands disposed of. Notice stands discharged .

¶27

(A.Y. KOGJE, J.)

¶28

(NISHA M. THAKORE, J.)

¶29

AMAR RATHOD.../sfs/08.09

¶30

Original copy of this order has been signed by the Hon'ble Judges. Digitally signed by: AMAR KANTILAL RATHOD(HC01074), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 08/09/2026 16:05:50

¶31

Page 3 of 3

Vijay Harshadbhai Jasoliya v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Vijay Harshadbhai Jasoliya v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases