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High Court of Gujarat

MER VISHALBHAI MUKESHBHAIversusSTATE OF GUJARAT

Disposal
53-ALLOWED / GRANTED @ ADM.STAGE

Holding

The Court held that the adult corpus is entitled to stay with the petitioner, and her parents have no right to interfere with her cohabitation.

Summary

Mer Vishalbhai Mukeshbhai filed a habeas corpus petition alleging that his live‑in partner, 19‑year‑old Jadav Rinaben Kanubhai, had been illegally detained by her parents. The petitioner asserted that both parties, being adults, have a constitutional right to cohabit voluntarily. The corpus testified that she entered the live‑in arrangement of her own free will and wishes to marry the petitioner once he reaches marriageable age, and that she was rescued from parental detention by the police. The Court noted that a person of majority can decide her own residence and that parental interference amounts to unlawful detention. Consequently, the Court ordered that the corpus may continue to stay with the petitioner, barred her family from interfering, and directed the police to provide protection to both parties. The petition was allowed.

Issues considered

  • Whether a 19‑year‑old adult can be lawfully detained by her parents against her will.
  • Whether a habeas corpus petition is maintainable to protect the personal liberty of an adult in a live‑in relationship.
  • Whether the Court can issue directions to prevent parental interference and to provide police protection in such circumstances.

Subjects

live-in relationshiphabeas corpuspersonal libertyparental interferencepolice protectionminoritycohabitation

Judgment

    R/SCR.A/534/2026                            ORDER DATED: 15/01/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 534 of
                           2026

==========================================================
                       MER VISHALBHAI MUKESHBHAI
                                 Versus
                        STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR HANNAN A QURESHI(11351) for the Applicant(s) No. 1
MS. MONALI H. BHATT, ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
       and
       HONOURABLE MR.JUSTICE D. M. VYAS

                            Date : 15/01/2026

                         ORAL ORDER
        (PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)



          1. Mer Vishalbhai Mukeshbhai has presented this
              petition contending that his live-in partner
              Rinaben has been illegally con ned by her
              parents.




          2. In this case, the petitioner and the Rinaben had
              entered into a live-in agreement and they are
              living together as a matter of choice. It is
              contended that both of them being majors, they
              had a right to cohabit with each other and the


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R/SCR.A/534/2026                           ORDER DATED: 15/01/2026




          agreement     that       is   produced         is      only
          manifestation of that legal right that they have.




      3. On advance notice being served, the State
          secured the presence of the corpus and has
          presented her before us.




      4. The corpus, Jadav Rinaben Kanubhai submits
          that she has voluntarily entered into a live-in
          agreement with the petitioner Mer Vishalbhai
          Mukeshbhai and she intends to get married to
          him as soon as he attains the marriageable age.
          She submits that she is under no compulsion of
          any kind from the petitioner and she is residing
          with him voluntarily.




      5. It is not in dispute that the corpus aged about
          19 years and therefore, it is obvious that she
          has right to decide for her own sake as to with
          whom she should reside.




      6. She also submits that she was prevented from
          living with the petitioner and had been detained


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R/SCR.A/534/2026                                    ORDER DATED: 15/01/2026




          by her parents, until she was rescued by the
          police and kept in the Sakhi One Stop Center.
          Since the corpus is 19 years and as observed
          earlier, has right to stay with a person of her
          own choice, the parents of the corpus cannot
          obviously detain her.




      7. We, therefore, hold that the corpus is permitted
          to stay with the petitioner and her parents and
          her family members would have no right to
          interfere     with      her        cohabitation        with         the
          petitioner.




      8. Learned counsel for the petitioner brings to our
          notice that there was a telephonic conversation
          between       the    father        of   the   petitioner            and
          respondent      No.6,       a      transcript    of     which        is
          produced as Annexure E, according to which
          threats have been endowed to the petitioner
          and his family members if this relationship is
          allowed to continue.




      9. In the light of this apprehension, a direction is
          necessary to be issued to the respondent Nos. 5


                               Page 3 of 4
       R/SCR.A/534/2026                                                   ORDER DATED: 15/01/2026




                   and 6 that they should not interfere with the
                   corpus’s cohabitation with the petitioner in any
                   manner whatsoever. The Police should also
                   a9ord adequate protection to the corpus as well
                   as to the petitioner.




              10.           The petition is accordingly allowed.




                                                                       (N.S.SANJAY GOWDA,J)




                                                                                     (D. M. VYAS, J)
YASH ARORA




Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: YASH ARORA(HC02369), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 15/01/2026 18:00:36




                                                Page 4 of 4


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