ARVIND PRAHLADBHAI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India the petitioner has prayed for writ of habeas corpus directing the respondents to produce the corpus-respondent no. 5-Manishaben before this Court alleging interalia that the corpus-Manishaben is his wife and she is illegally in detention and confinement of respondent no. 4.

(2.) IN response to the notice issued by this Court, the concerned Police Officer of Mandal Police Station has produced the corpus-Manishaben before this Court.

(3.) UNDER the circumstances, without expressing anything with respect to the legality and validity of any marriage of the petitioner with the corpus (as alleged) and/or expressing anything whether respondent no. 5 can be said to be the legally wedded wife of the petitioner or not, and considering the statement of respondent no. 5 recorded hereinabove and considering her wish, we permit respondent no. 5 to go and stay with her grandfather/sister and we cannot give the custody of respondent no. 5 to the petitioner. 6. In the facts and circumstances of the case, we direct the concerned Police Officer of Mandal Police Station to see that there is no harassment of anybody, inclusive of the petitioner to respondent no. 5 and/or her family members and respondent no. 3 herein is directed to see that there is no law and order problem by anybody. 7. With this, the present petition is dismissed.