gujarat high court

Gujarat High Court: In a Habeas Corpus petition filed by mother of a major daughter, the Division Bench of Umesh A. Trivedi and M.K. Thakker JJ., rejected the petition and said that the petitioner’s daughter is a major and entered into an inter-faith marriage with a person of her choice and not the choice of her parents.

It is the case of the petitioner-mother, that certain documents were sent to her address in an envelope, claimed to be sent by her daughter, containing certificate of marriage performed at Araya Samaj Vaidik Sanskar Trust and conversion certificate of Shudhdhikaran of her husband who had renounced Islam and embraced Hindu religion without any force, pressure, inducement or influence. It also contained a letter, addressed to SHO, Ramol Police Station, wherein it was claimed that she is a major and married out of her own free will without any force and coercion. It was also stated by her that if her parents files any false complaint against her or her husband or in-laws, it should be treated as null and void. The Court had previously granted police protection to the couple vide its order dated 10-05-2023.

The Court said that it was clear from the documents produced that the daughter of the petitioner-mother is a major and that she had entered into an inter-faith marriage with her own free will. Further, the Court said that all the documents produced by the petitioner-mother herself, made it clear that her daughter is a major and entered into a marriage, of course with a person of her choice and not the choice of her parents. Therefore, the Court said that it cannot be concluded that the petitioner’s daughter was abducted against her will and that she was being illegally confined.

Thus, the Court rejected the petition praying for writ of Habeas Corpus.

[Manishaben Mukesh kumar Darji v. State of Gujarat, 2023 SCC OnLine Guj 1716, Order Dated: 20-06-2023]

Advocates who appeared in this case :

For the Petitioner: Advocate Radhesh Y Vyas;

For the Respondents: Additional Public Prosecutor MS CM Shah.

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