High Court of Gujarat

ALKESHJI ANARJI PARMARversusSTATE OF GUJARAT

Disposal: 56-DISPOSED AT ADMISSION STAGE
Bench: ILESH VORANISHA M THAKORE

Holding

The petition was disposed of as not pressed.

Summary

The husband filed a special criminal application (habeas corpus) seeking custody of his wife. The wife appeared before the High Court and expressly stated that she did not wish to accompany her husband. In view of her declaration, the petitioner's counsel chose not to press the petition and requested liberty to pursue any appropriate legal remedy later. The Court, noting that the petition was not being pressed, granted the liberty sought. Consequently, the petition was disposed of without any order on the custody claim.

Issues considered

What is the appropriate judicial response to a habeas corpus petition seeking custody of a spouse when the spouse expressly refuses to be compelled?
Can a petition be dismissed solely because the petitioner elects not to press the relief sought?

Subjects

habeas corpusmarital custodypetition dismissedpersonal libertycourt discretion

Judgment

        R/SCR.A/5841/2026                                                             ORDER DATED: 27/04/2026




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 5841 of
                              2026
 ==========================================================
                                      ALKESHJI ANARJI PARMAR
                                               Versus
                                      STATE OF GUJARAT & ORS.
 ==========================================================
 Appearance:
 SUNILKUMAR N PUNJANI(8845) for the Applicant(s) No. 1
 MR LB DABHI APP for the Respondent No. 1
 MR PRATIBHA KUMAVAT FOR MS MAMTA KUMARI WITH MR ASHISH
 DAGLI, advocate for respondent No. 2
 ==========================================================

    CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
          And
          HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                                Date : 27/04/2026

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


           Heard learned counsel for the respective parties.


           This petition is filed by the husband against the respondents,
 claiming the custody of his wife. The corpus wife remained present
 before this Court and upon inquiry, she made a statement that she does
 not want to accompany the petitioner. In such circumstances, learned
 counsel for the petitioner does not press this petition and seeks liberty to
 file appropriate legal proceedings in accordance with law.


           With aforesaid liberty petition stands disposed of as not pressed.



                                                                                             (ILESH J. VORA,J)



                                                                                    (NISHA M. THAKORE,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 27/04/2026 17:28:20

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