Case Note & Summary
The petitioner, Keshabhai Punmbhai Rabari, filed a habeas corpus petition before the Gujarat High Court alleging that his daughter, Mamtaben, was illegally confined by Mukeshbhai Savabhai Rabari. The court issued notice and secured the presence of the corpus, Mukeshbhai, and the petitioner with his wife on 02.03.2026. During interaction, the court found that the petitioner himself had initially engaged his daughter to Mukeshbhai, but later broke the engagement. The corpus, Mamtaben, categorically stated that there was no abduction and that she voluntarily went with Mukeshbhai and married him on 14.12.2025. She produced a Certificate of Registration of Marriage. Both Mukeshbhai and Mamtaben stated that they informed their parents after marriage. The petition was filed on 20.02.2026, two months after the marriage. The court held that since Mamtaben is a major and voluntarily married Mukeshbhai, she cannot be said to be in illegal detention. The petition was dismissed and the corpus was permitted to go with her husband.
Headnote
A) Habeas Corpus - Illegal Detention - Married Woman - The court considered whether a writ of habeas corpus lies when a married woman voluntarily lives with her husband. The court held that since the corpus, Mamtaben, voluntarily married Mukeshbhai and was living with him of her own free will, there was no illegal confinement. The petition was dismissed. (Paras 2-9)
Issue of Consideration
Whether the daughter of the petitioner is illegally confined by Mukeshbhai Savabhai Rabari, warranting issuance of a writ of habeas corpus.
Final Decision
The petition is dismissed. The corpus, Mamtaben, is permitted to go with her husband Mukeshbhai.
Law Points
- Habeas corpus
- illegal detention
- marriage
- voluntary cohabitation
- writ of habeas corpus
- personal liberty
