High Court of Gujarat

SHAHIR IBRAHIMBHAI PATHANversusSTATE OF GUJARAT

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: ILESH VORAR T VACHHANI

Holding

The petition for habeas corpus was dismissed as it was not pressed by the applicant.

Summary

Shahir Ibrahimbhai Pathan filed a special criminal application (habeas corpus) seeking to compel his wife, the corpus, to return to the matrimonial home. The wife had left the home and was residing in Akola, Maharashtra. The police retrieved her and submitted a report, after which she expressed her unwillingness to live with the husband. The applicant's counsel, reserving the right to initiate other proceedings, chose not to press the habeas corpus application. Consequently, the Court disposed of the petition as not pressed and discharged the notice.

Issues considered

Whether the court should grant habeas corpus relief to compel the wife to return to the matrimonial home against her expressed wishes
Whether the application can be dismissed on the ground that it was not pressed by the applicant

Subjects

habeas corpusmarital disputepersonal libertynon-pressing of applicationfamily law

Judgment

   R/SCR.A/15959/2025                            ORDER DATED: 21/01/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 15959 of
                           2025

==========================================================
                        SHAHIR IBRAHIMBHAI PATHAN
                                  Versus
                         STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR. RAJNIKANT CHAUHAN(14599) for the Applicant(s) No. 1
MS. ALVEERA S KACHARA(11935) for the Applicant(s) No. 1
NOTICE NOT RECD BACK for the Respondent(s) No. 3
NOTICE SERVED for the Respondent(s) No. 2
MR CHINTAN DAVE APP for the Respondent No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
       and
       HONOURABLE MR. JUSTICE R. T. VACHHANI

                             Date : 21/01/2026

                           ORAL ORDER
            (PER : HONOURABLE MR. JUSTICE ILESH J. VORA)


      We have heard Ms. A.S. Kachara and Mr. Chintan Dave,
learned Additional Public Prosecutor appearing for the respective
parties.


      Applicant is the husband and the corpus wife after sometime
of the marriage, left the matrimonial home and decided to live at
Akola, Maharashtra. The police agency brought the corpus from
Akola and submitted its report, which is taken on record.


      Upon inquiry, the corpus expressed his displeasure to live
with the husband – applicant. In such circumstances, learned
counsel upon instructions, reserving the right to file appropriate
proceedings, does not press this application.


                                 Page 1 of 2
        R/SCR.A/15959/2025                                                              ORDER DATED: 21/01/2026




            With the aforesaid liberty, the petition is disposed of as not
 pressed. Notice discharged.



                                                                                              (ILESH J. VORA,J)




                                                                                           (R. T. VACHHANI, J)
 P.S. JOSHI


Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: PALLAV SUBHASHCHANDRA JOSHI(HC00177), Principal Pvt. Secretary, at High Court of Gujarat on 21/01/2026 16:57:17




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