PANKAJKUMAR RAMESHBHAI SUNDESHA (MALI)versusSTATE OF GUJARAT
- Disposal
- 31-NOTICE DISCHARGED @ ADM.STAGE
Holding
The court held that there is no ground for the issuance of a writ of habeas corpus in the present circumstances.
Summary
The husband, Pankajkumar Rameshbhai Sundesha, filed a special criminal application for a writ of habeas corpus seeking the production of his wife, who had left his residence and chosen to stay at her parental home. The police produced the wife and a report, confirming her desire not to live with the husband. The court examined whether a writ of habeas corpus could be issued to compel a spouse to cohabit against her will. Considering the facts, the judges found no legal basis to grant the writ. They dismissed the application, but reserved the husband's right to pursue other appropriate legal remedies. The order also directed the applicant's counsel to inform the police of the dismissal.
Issues considered
- Whether a writ of habeas corpus can be issued to compel a wife to live with her husband against her expressed wish.
- Whether the petition is maintainable in the absence of unlawful detention.
Subjects
Judgment
R/SCR.A/16912/2025 ORDER DATED: 19/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 16912 of
2025
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PANKAJKUMAR RAMESHBHAI SUNDESHA (MALI)
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR. JV PADHIYAR(6966) for the Applicant(s) No. 1
MS. HETAL V SANKHALA(15409) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2,3,4,5,6,7,8,9
MR ROHAN SHAH APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
and
HONOURABLE MR. JUSTICE R. T. VACHHANI
Date : 19/01/2026
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)
1. We have heard Mr. Padhiyar and Mr. Rohan Shah, learned APP
for the respective parties.
2. The police officials of Deesa South Police Station, Deesa have
produced the corpus along with the report, which is taken on record.
3. The corpus is the wife of the applicant and she does not want to
live with the husband – applicant and decided to live at the parental
home.
4. In such circumstances, considering the peculiar facts and
circumstances of the present case, we do not find any ground for issuance
of necessary writ, as prayed for. However, liberty is reserved in favour of
the applicant husband to initiate appropriate legal proceedings.
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R/SCR.A/16912/2025 ORDER DATED: 19/01/2026
5. With this observation, present application stands dismissed. Notice
discharged. Learned APP shall inform the concerned police station about
the passing of this order. Direct service permitted.
(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 19/01/2026 15:17:15
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