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2025 DIGILAW 1187 (GUJ)

Lakshmanbhai Hirabhai Patadia v. State of Gujarat

2025-10-06

CHEEKATI MANAVENDRANATH ROY, D.M.VYAS

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JUDGMENT : CHEEKATI MANAVENDRANATH ROY, J. 1. This speaking to minutes note is filed by the learned APP Ms.Vrunda Shah seeking permission to keep the corpus, who is a minor in the custody of Nari Sanrakshan Gruh, Paldi, Ahmedabad. 2. Heard learned APP Ms.Vrunda Shah and learned counsel Mr.Saiyed for the writ petitioner. 3. As per the order dated 23.09.2025, while disposing of Special Criminal Application (for Habeas Corpus) No.12017 of 2025, this Court has directed to keep the corpus, who is a minor in the custody of Avaaz Nari Sanrakshan Kendra, Ahmedabad till she attains her age of majority. We have ordered to keep her in the custody of the said Avaaz Nari Sanrakshan Kendra, Ahmedabad at the request of learned APP made on instructions from the concerned police. 4. Now, learned APP Ms.Vrunda Shah submits that the said Avaaz Nari Sanrakshan Kendra, Ahmedabad takes custody of only the major female persons and not the minor female children. Therefore, it is stated that as they refused to take custody of the corpus, who is a minor that they have kept the minor in the custody of Nari Sanrakshan Gruh, Paldi, Ahmedabad. Therefore, she prays to amend the order dated 23.09.2025 directing the corpus to be kept in the custody of Nari Sanrakshan Gruh, Paldi, Ahmedabad and to ratify the action taken by them in keeping the corpus in the custody of Nari Sanrakshan Gruh, Paldi, Ahmedabad in the said inevitable circumstances. 5. Considering the said request made by the learned APP, the order dated 23.09.2025 is accordingly ordered to be amended directing the police to keep the corpus, who is a minor in the custody of Nari Sanrakshan Gruh, Paldi, Ahmedabad. The action taken by the police in keeping the corpus in the custody of Nari Sanrakshan Gruh, Paldi, Ahmedabad is hereby approved and ratified with retrospective effect from the date of the order. 6. Learned APP Ms.Vrunda Shah also submits that she received instructions from the concerned officer of Nari Sanrakshan Gruh, Paldi, Ahmedabad that the corpus is now willing to accompany her parents. Therefore, she requests permission to move an application to permit her to accompany her parents. The said liberty was already granted in our order dated 23.09.2025. 6. Learned APP Ms.Vrunda Shah also submits that she received instructions from the concerned officer of Nari Sanrakshan Gruh, Paldi, Ahmedabad that the corpus is now willing to accompany her parents. Therefore, she requests permission to move an application to permit her to accompany her parents. The said liberty was already granted in our order dated 23.09.2025. Therefore, if the corpus, according to her free will and volition is willing to accompany her parents, concerned officer of Nari Sanrakshan Gruh, Paldi, Ahmedabad is at liberty to move the Court for passing an appropriate order. 7. The note for speaking to minutes stands allowed. Rest of the order remains intact. Registry is directed to issue fresh writ/order accordingly. Order in Note filed by learned advocate for the writ petitioner:- 8. Learned counsel for the writ petitioner has filed a note in the Registry with a request to release the corpus from shelter home and give her custody to her parents on the ground that the corpus is now willing to accompany her parents. 9. When the Court has raised objection as to how the petitioner could file such a note when no such liberty is granted to him in the order dated 23.09.2025 and as liberty was given only to the concerned officer of Avaaz Nari Sanrakshan Kendra, Ahmedabad, learned counsel for the writ petitioner seeks permission to withdraw the note. 10. Permission is granted. Therefore, the note is dismissed as withdrawn. ORDER : 1. This petition under Article 226 of the Constitution of India for habeas corpus is filed by the petitioner seeking direction to the respondents-police officials to produce the corpus who is his minor daughter aged about 15 years 3 months and 20 days before the Court and then to pass appropriate order according to law. 2. The petitioner is the father of the corpus by name Komal Lakshmanbhai Patadia who is a minor aged about 15 years 3 months and 20 days. Is is stated that 4 th respondent has kidnapped her on 03/08/2025 on the pretext of marrying her. As she was not found even after thorough search by the petitioner, he has lodged a report with Dasada Police Station and the police registered the said report as an FIR on 05/08/2025. Is is stated that 4 th respondent has kidnapped her on 03/08/2025 on the pretext of marrying her. As she was not found even after thorough search by the petitioner, he has lodged a report with Dasada Police Station and the police registered the said report as an FIR on 05/08/2025. As the police could not found the whereabouts of the minor girl and as the police also could not arrest the 4 th respondent, the petitioner has approached this Court by way of filing this petition seeking aforesaid reliefs. 3. On 04/09/2025, a Co-ordinate Bench of this Court while ordering notice to the respondents, directed to produce the corpus before the Court on 11/09/2025. 4. Pursuant to the said direction, the corpus is produced before the Court today. 5. Learned APP Ms. Vrunda Shah made a mention before the Court today morning stating that the corpus is now produced before the Court and requested to take up the matter. The request is accepted and the matter is taken up today. 6. We have interacted with the corpus personally in isolation in our chamber today. She has stated that she is in love with the 4 th respondent and she has voluntarily accompanied him and went away with him from the custody of her parents and at her instance only that the 4 th respondent has taken her with him. She further stated that both of them are now living in a rented house at village Laskana near Surat and she has been living voluntarily with him. 7. To a question, whether she would like to accompany her father who is the petitioner who is now present in the Court and live with her parents, she refused to accompany her father and live with her parents. She clearly stated that she intends to marry 4 th respondent and live with him. When she was persuaded to accompany her father and live with her parents, she stated that if her father withdraws the case that was registered against the 4 th respondent and if he is released from the custody of the police that she would accompany her father on further condition that her father should perform her marriage with the 4 th respondent. 8. 8. We have also permitted petitioner who is her father and her grand mother who are present in the Court today to interact with the corpus in our presence and in the presence of the counsel for the petitioner and learned APP. She has imposed the same condition to accompany her father and live with them. The petitioner declined to perform her marriage with 4 th respondent stating that he belongs to a di and he is addicted of vices like consuming alcohol and that he is a man of bad conduct. 9. As the corpus refuses to accompany her father and live with her parents, even though she is a minor and her parents being the lawful guardians are entitled to her custody, we cannot direct the corpus by force to accompany the petitioner and live with her parents against her wish. Even though she has expressed her willingness to live with the 4 th respondent, as she is a minor, as per law, we cannot permit her to live with the 4 th respondent. 10. Learned APP Ms. Vrunda Shah, on instruction, would submit that after much efforts that are made by the police to trace the whereabouts of both the corpus and the 4 th respondent, the police apprehended 4 th respondent at Modhera and when they interrogated him that he called the corpus who was at Saijpur village and after receiving a phone call from him that the corpus has come to Saijpur bus stand in a bus and at that time, the police has taken her into custody and produced her before the Court today. 11. Learned APP further stated that as a crime was registered against the 4 th respondent for the o punishable under Section 137(2) and 87 of the Bharatiya Nayay Sanhita , 2023 the investigation in the said case is pending and the 4 th respondent is arrested in the said case and he is being produced before the concerned magistrate today seeking his remand. She has submitted that the police would follow the due process of law as regards the 4 th respondent is concerned who is under arrest. 12. She has submitted that the police would follow the due process of law as regards the 4 th respondent is concerned who is under arrest. 12. Therefore, considering the facts and circumstances of the case and the decision taken by the corpus after interacting with her as she is not willing to accompany her father and to live with her parents and as she is now a minor who is not capable to taking appropriate decision, we deem it appropriate to direct the police to keep her in custody of Woman Protection Center, Ahmedabad till she attains her age of majority and to take care of her. After she attains her age of majority, she is free to take her own decision according to her will and wish and appropriate orders will be passed at that time. Till then, Avaaz Nari Sanraksha Kendra, Ahmedabad shall take care of the corpus. While she is in the custody of the said Avaaz Nari Sanrakshan Kendra, Ahmedabad, if the petitioner intends to talk to his daughter and the corpus gives consent, they shall permit her parents to meet her and talk to her occasionally as and when they approach them to meet her. 13. The police officials are at liberty to proceed according to law against the 4 th respondent as it is stated that a crime was already registered against him and he has been under arrest. 14. In case the corpus changes her mind while she is in custody of Avaaz Nari Sanrakshan Kendra, Ahmedabad to live with her parents, the concerned officer is at liberty to intimate the said fact to the Court and move the Court for passing appropriate order. 15. The writ petition is disposed of with the above direction.