Gujarat High Court
SCR.A/5235/2025 of ASHISH RAMESHBHAI BERADIYA Vs STATE OF GUJARAT on 21 April 2025
21/04/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 5235 of 2025 ================================================================ ASHISH RAMESHBHAI BERADIYA Versus STATE OF GUJARAT & ORS.
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 5235 of2025
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ASHISH RAMESHBHAI BERADIYA Versus STATE OF GUJARAT & ORS.
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Appearance:
MR. KAIVAL D. PATEL, ADVOCATE for KARTIKKUMAR G BAROT(9453) forthe Applicant(s) No. 1
MR.L.B.DABHI, APP, for the Respondent(s) No. 1
MR.Y.J.PATEL, for the Respondent Nos.3 and 4
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 21/04/2025 ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
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1. This petition is filed by the petitioner for following reliefs:- “(A) The Honourable Court may be pleased to issue a writ ofHabeas Corpus or any other appropriate writ, order OTdirection, directing the respondents to produce respondentno.4 Snehakumari Bharatkumar Solanki, before thisHonourable court and be further pleased to pass appropriateand further orders setting her at liberty; (B) Pending admission, hearing and final disposal of thispetition, the Honourable Court may be pleased to direct therespondents to produce Snehakumari Bharatkumar Solanki,before this Honourable Court.”
2. Learned advocate Mr. Y.J. Patel has instructions to appearon behalf of respondent Nos.3 and 4 and is permitted to file hisVakalatnama.
3. The corpus was brought before the Court previously on11.04.2025 when the Court has recorded specifically in para-1 thatthe petitioner and the corpus were residing together as husbandand wife and had entered into matrimonial relationship which isevidenced by certificate of marriage ceremony issued atAhmedabad by the religious priest. A copy of which is placed atAnnexure-A and marriage certificate on page-25. The date of birthof the corpus is 04.01.2006 and she has studied upto 12[th]standard.
3. It is recorded that under the garb of maintaining goodrelationship between the families after the petitioner and thecorpus eloped and residing together, the corpus was taken by herparents to her parental home, but thereafter, did not permit her toreturn back to her matrimonial home, because of which the presentpetition has been filed.
4. The Court had adjourned the matter continuing the custodyof the corpus with her parents as she needed sometime to take herdecision on her own.
5. Today, once again as per the order dated 11.04.2025, thecorpus is brought before the Court and she has stated before theCourt that she had resided with her parents and during her staythere there was no incident of mistreatment or any pressurizing.The Court has thereafter, interacted with the corpus and she hasdemonstrated her desire to keep both sides happy in the sense thepetitioner whom she treats to be her husband and her parents andtherefore, the Court thereafter, permitted the corpus to interact withthe petitioner for some time and thereafter, ascertained the wishesof the corpus and she has stated that she would like to go with the petitioner voluntarily as she has already accepted him as herlegally wedded husband. Her hesitation to join him was only onaccount of her parents conveying to her that it would not be in agood test in their community and society, if she elopes and getsmarried to the petitioner and therefore, she was withholding herdesire on which she has voluntarilyexpressed, not only beforethe Court, but also in front of the respective advocates.
6. The corpus, being major and literate, is permitted to join thecompany of person of her choice and in the present case, she hasmade declaration to go with the petitioner.
7. In view of the aforesaid declaration made by the corpus, thepetition stands allowed to the aforesaid extent.
8. At this stage, the petitioner has raised a concerned over thesafety and security as the girl has decided to go with the petitionerand therefore, it is provided that Salamati Shakha, Gujarat HighCourt to provide safety and safe passage to the petitioner and thecorpus through Sola High Court Police Station. A copy of the orderbe provided to learned APP for its compliance.
(A.Y. KOGJE, J)
SIDDHARTH
(SAMIR J. DAVE,J)
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: SIDDHARTH R DAVE(HC01065), Private Secretary, at High Court of Gujarat on 21/04/2025 14:50:11