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2020 DIGILAW 675 (GUJ)

Chouhan Girirajsingh Devendrasingh v. State of Gujarat

2020-08-10

N.V.ANJARIA, SONIA GOKANI

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ORDER : SONIA GOKANI, J. 1. This is a petition under Article 226 of the Constitution of India seeking issuance of writ of habeas corpus or any other appropriate writ, where this Court at the time of issuance of notice on 28.07.2020, passed the following order: “1. The petitioner seeks to challenge the illegal and unauthorized detention of his legally wedded wife–Ankita Govabhai Chaudhari by respondent nos. 4 and 5 and their relatives against the wish and will of his wife. 2. It is the say of the petitioner that he originally is the resident of Rajasthan and went to Canada for his better future, since he got the permanent residency of Canada. Similarly, the corpus – Ankita is the resident of Gujarat. Both, the petitioner and Ankita got white collar job and settled there happily. They decided to get married on 26.12.2017 and they got married with each other and the marriage was registered on 26.01.2018 before the Registrar General, Ontario, Canada. 3. It is the grievance on the part of the applicant that in May, 2020 when she came to India, her parents did not allow her to return to Canada nor are they permitting her to join the petitioner. He is apprehensive that her life is in danger as there is a likelihood of extreme steps to be taken against the corpus, hence the present petition with the following prayer: “(A) Your Lordships be pleased to issue a writ of Habeas Corpus or any other writ, order or direction, directing the respondent no. 2 to produce the wife of the present petitioner named “Chaudhari Ankitaben Govabhai” before this Hon’ble Court and thereby to hand over the custody to the present petitioner and thereby quashed and set aside the illegal detention made by respondent no 4, 5 and/or by other person which is illegal, arbitrary and violative of article 14, 19 and 21 of the constitution of India in the interest of justice. (B) Pending admission, hearing and final disposal of present petition by way of ad-interim relief the respondent no 2 & 3 be directed to remain present before this Hon’ble Court and to state the facts with respect to steps taken by them regarding the tracing the wife of the present petitioner ‘Chaudhari Ankitaben Govabhai’. (C) To pass any other and further orders as may be deemed fit and proper.” 4. Issue Notice returnable on 05.08.2020. (C) To pass any other and further orders as may be deemed fit and proper.” 4. Issue Notice returnable on 05.08.2020. Learned Additional Public Prosecutor Ms. Jirga Jhaveri waives service of notice for and on behalf of respondent nos. 1, 2 and 3. The private respondents to be served through respondent no.2. 5. Let the corpus be brought before this Court on the returnable date, to be presented before us through video conference to be arranged at the nearest District Court in presence of the Presiding Officer.” 2. On 05.08.2020, when the corpus was produced before us through video conference arranged from the Mehsana Court in presence of learned 2nd Additional District and Sessions Judge Mr. Vyas, we found the complex and hesitance. She initially had a resistance not to reveal any personal details and it is only after the petitioner through video conferencing when insisted that she was scared of the threat perpetrated by the parents for ending their own lives that she was reluctant to reveal anything. 3. We therefore deemed it appropriate to persuade her through learned 2nd Additional District and Sessions Judge, who played a vital role in explaining her the scope of this petition and her apprehension to certain extent was eased. We also deemed it appropriate to call her parents in person the next date i.e. on 06.08.2020 having realized that her vital documents like passport, Permanent Residence (PR), License etc. were lying with the parents who realized during their visited Canada that she already married the petitioner and in their excessive adherence to the requirement of daughter marrying in the cast, they had chosen to stifle the scope of her returning to Canada and be on her own. In their conversation with the Court on 06.08.2020, they refused to have any papers and documents of their daughter and insisted that they were lying with the daughter. It was later presented by the paternal uncle of hers at the insistence of her parents, before the learned judge at Mehsana. We had insisted on the pretention of those documents with the District Court, Mehsana and she was also offered to be housed to Women Protection Home which she had refused initially and chose to join her parental uncle. 4. We had insisted on the pretention of those documents with the District Court, Mehsana and she was also offered to be housed to Women Protection Home which she had refused initially and chose to join her parental uncle. 4. Once again on 07.08.2020, when she was called before this Court, considering the emotional and mental pressure as could be culled out from her conversation, we deemed it appropriate to place her at Nari Vikas Gruh, Paldi, to which she had agreed, considering the conditions at home. 5. We could notice that all throughout her concern was that her parents should not suffer in any manner and should not be dragged into this litigation nor should they suffer adversely on account of her joining the petitioner. She was very clear that she had married the petitioner out of her own volition and was extremely fond of him and was not ready to give up her matrimonial life and she was keen to join the petitioner here in India as well as in Canada where they had married and already started their matrimonial life. 5.1. Therefore, on 07.08.2020 the following order came to be passed: - “1. Today, we have heard corpus Ankita through the video conferencing arranged from Mehsana District Court in presence of Shri Vyas, learned 2nd Additional District & Sessions Judge, Mehsana. 2. After our details conversation with the corpus, we deem it appropriate to place her at the Women Protection Home at Ahmedabad, which shall be at Nari Vikas Gruh, Paldi. She is since at Mehsana, we request the learned Judge Shri Vyas to intimate her parents and her uncle, who shall bring her belongings in the Court from where she would be brought to Nari Vikas Gruh, Paldi by the woman police officer at Mehsana. We request, learned Additional Public Prosecutor Ms. Jhaveri to coordinate with Superintendent of Police, Mehsana for making necessary arrangement for such purpose. She will also coordinate with the Wardan, Nari Vikas Gruh, Paldi to ensure her safe and comfortable stay at the Vikas Gruh till she joins the Petitioner for her flight to Canada. 3. We have already made a request to learned Judge, Shri Vyas to oversee the safe reaching of the corpus to Ahmedabad. Without her wish and will, let no one meet her at Nari Vikas Gruh, Paldi. 4. 3. We have already made a request to learned Judge, Shri Vyas to oversee the safe reaching of the corpus to Ahmedabad. Without her wish and will, let no one meet her at Nari Vikas Gruh, Paldi. 4. Let this matter be posted on 10.08.2020 for other and further orders. 5. Before we signed the order, a request came from the Corpus and the Petitioner through the Learned APP, to provide them police protection to reach to the State of Rajsthan from Ahmedabad instead of housing her at Nari Vikas Gruh as the couple was to join the Petitioner’s parents at Rajsthan and thereafter, they have chosen to board the flight to Canada on the 9th August. 6. Considering strong reservation of the establishment of Nari Vikas Gruh in admitting the Corpus without any test of COVID-19 virus and noticing the earnest request of the Corpus and the Petitioner, let the Protection be accorded by the Gujarat Police till the boarder of the State and thereafter, it may coordinate with the Rajasthan Police and if required, with other State, to ensure that no harm is caused to either of them or to the family members of the Petitioner in an emotional frenzy and they may have a safe boarding of the flight. Let the same be reported to the court on the 10th August, 2020.” 6. Today, we have heard learned advocate Mr. Patadiya appearing for the petitioner who submits that the corpus has already joined the petitioner and the couple is soon to fly to Canada. He also conveyed that they both are safe and do not desire any further protection. 7. Learned Additional Public Prosecutor Ms. Jirga Jhaveri in the order dated 07.08.2020 requested to coordinate with all agencies who also has been conveyed by the couple that they would no longer be requiring any protection from the police for being safe and having made all arrangements of their departure. 8. This entire journey with the corpus appeared like one of those stories of celluloid drama which ordinarily is not noticed amongst those who are educated and who would have their own minds to determine their course of journey due to their educational empowerment and inner stability to guide their own course of life. 8. This entire journey with the corpus appeared like one of those stories of celluloid drama which ordinarily is not noticed amongst those who are educated and who would have their own minds to determine their course of journey due to their educational empowerment and inner stability to guide their own course of life. It is extremely unfortunate that in the cast ridden society of ours, though the parents choose to educate the girls and who may travel abroad for their higher studies and who with their capabilities govern the world outside, but, in the opinions of many elders, these girls are handicapped and lack maturity to select their own life partners. Therefore, she is not given a decision making power so far as issue of matrimony is concerned and once she dares to exercise option of marrying outside the caste, she needs to face the wrath of the family and of those around having no independent minds of their own and flow with the However, in case of the Corpus, emotional upheaval caused by parents with threat of commission of suicide if she continued her decision of being with the Petitioner also was too much to be sustained by any daughter who would always be torn between the two and that also, was the reason for initial oscillation in case of Corpus as well till she realised her keenness within to adhere to her decision on this extremely major and vital issue .Now, as she has already joined the petitioner, this petition is being disposed of with the hope that parents of the Corpus may not make this an ego issue and shall bless their onwards journey. 9. We place on record our immense appreciation for the assistance rendered by learned 2nd Additional District and Sessions Judge Mr. Vyas in not only conducting the mediation between the parties but also in coordinating with different agencies from time to time. His role in persuading and counselling the corpus was also quite appreciable. We cannot forget to make a mention of how efficiently Ms. Jhaveri, learned APP has coordinated amongst all agencies at the time when the corpus was directed to leave Mehsana and was allowed police protection till the couple crossed the borders. 10. With the above, petition is being disposed of. Learned advocate Mr. Patadiya and learned APP Ms. We cannot forget to make a mention of how efficiently Ms. Jhaveri, learned APP has coordinated amongst all agencies at the time when the corpus was directed to leave Mehsana and was allowed police protection till the couple crossed the borders. 10. With the above, petition is being disposed of. Learned advocate Mr. Patadiya and learned APP Ms. Jhaveri may place on record the texts that may be received from the couple once they both board the flight for Canada.