High CourtsDivision Bench(2025) 11 GUJ CK 1883

Parmar Ankurbhai Rajubhai vs State Of Gujarat & Ors

Gujarat High Court · Decided on 24 November 2025

HON’BLE JUDGES
N.S.Sanjay Gowda, J · D. M. Vyas, J
RESULT
Disposed Of
CASE NUMBER
R/Special Criminal Application (Habeas Corpus) No. 14837 Of 2025

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Judgment

6 paragraphs · 279 words

N.S.Sanjay Gowda, J

1.

Parmar Ankurbhai Rajubhai has presented this petition contending that Pooja, daughter of Kanubhai Makwana, has been illegally confined by her parents and her family members.

2.

On notice being ordered, Pooja has appeared before us and so also her parents. She submits that she was indeed confined by her parents, but on the last occasion, i.e. on 17.11.2025, she had expressed her desire to rejoin the petitioner and the Court had accordingly permitted to do so. She submits that now, she does not wish to stay with her parents but wishes to stay with the petitioner.

3.

In view of the fact that it is not in dispute that Pooja is aged 19 years and she is, therefore, competent to make her own decision regarding the person with whom she wishes to reside, the present petition would not survive, more so when she has unequivocally expressed her desire to stay with the petitioner. Even on the last date of hearing, it is stated that she had expressed her desire to stay with the petitioner and she was accordingly permitted to do so.

4.

Since the petitioner and Pooja are living together, there is no question of any illegal confinement. The petition is, therefore, CLOSED.

5.

The petitioner and Poojaben, however, expressed their apprehension that there may be in some kind of danger. To that, Poojaben’s father Kanubhai Makwana undertakes that there would not be any kind of impediment from his side either directly or indirectly to the petitioner or her daughter Pooja. He, however, expressed his desire that his daughter be kept happy by the petitioner. This undertaking of Kanubhai Makwana is taken on record.