NITYAM HITENDRAKUMAR DESAIversusSTATE OF GUJARAT
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- GITA GOPIL S PIRZADA
Holding
The Court held that, in view of the Corpus’s desire and the father’s consent, there is no grievance and the application is allowed, permitting the Corpus to join the petitioner.
Summary
The petitioner, a 25‑year‑old man, filed a special criminal application (habeas corpus) seeking permission for a woman, referred to as the Corpus, to join him. The Corpus, aged 25, had been in a live‑in relationship with the petitioner and was employed at Supplycopiya Private Limited. Police records and a statement from the Corpus’s father confirmed her employment and expressed the father’s consent for her to marry within the community, though she preferred to stay with the petitioner. The petitioner expressed his desire to marry the Corpus and perform the rites. Considering the Corpus’s wish and the father’s consent, the Court found no grievance and allowed the application, permitting the Corpus to join the petitioner.
Issues considered
- Whether the habeas corpus petition is maintainable to permit the Corpus to join the petitioner in a live‑in relationship.
- Whether the father’s consent and the Corpus’s desire remove any legal impediment to the proposed marriage.
Subjects
Judgment
R/SCR.A/10448/2026 ORDER DATED: 21/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 10448 of
2026
==========================================================
NITYAM HITENDRAKUMAR DESAI
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR JAYDEEP H SINDHI(9585) for the Applicant(s) No. 1
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
and
HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 21/07/2026
ORDER
(PER : HONOURABLE MS. JUSTICE GITA GOPI)
1. The Corpus is produced by the Police Sub-Inspector,
Chandkheda Police Station, Ahmedabad City, who stated that
the Corpus is 25 years of age. She was staying in live-in
relationship with the applicant. The report of Chandkheda
Police Station suggests that the Corpus was having her job in
Supplycopiya Private Limited Company in Money Plant Heights
at Jagatpur, Ahmedabad City and the applicant and the
Corpus had met at Modasa and she has been residing with the
applicant under the Maitri Karar executed on 6.7.2026 before
the Notary, Modasa.
2. The police report is also accompanied by the statement of the
father – Bharatbhai Vaghjibhai Patel dated 21.7.2026 and the
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R/SCR.A/10448/2026 ORDER DATED: 21/07/2026
father has also affirmed her job at Ahmedabad City in
Supplycopiya Private Limited Company and the father wanted
the Corpus to get married in the community, but she has
refused urging that she wanted to stay along with the
applicant. The father has expressed his consent for the
Corpus to join the applicant. Let the report of the police,
statement of the father along with the statement of the
Corpus be taken on record.
3. The applicant is present before this Court along with his
advocate. The applicant is aged about 25 years and he
expressed his desire to enter into marriage with the Corpus
by performing the rites and rituals.
4. Having considered the desire of the Corpus to join the
applicant and in view of the fact that now since the father has
also given his consent, there remains no grievance.
5. Hence, the present application is allowed. The Corpus is
permitted to join the applicant.
(GITA GOPI,J)
(L. S. PIRZADA, J)
Maulik
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: MAULIK RAJESH PANDYA(HC00205), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 21/07/2026 16:48:56
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