High Court of Gujarat

RONIL AMRUTBHAI CHANDRALAversusSTATE OF GUJARAT

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

Holding

The petition was disposed, with liberty granted to the petitioner to initiate appropriate legal action, and no custody order was made.

Summary

The husband filed a special criminal application (habeas corpus) seeking custody of his wife. The wife was present before the court and expressly stated she did not wish to accompany her husband. In view of her declaration, the husband’s counsel chose not to press the petition and requested liberty to pursue any appropriate legal remedy. The court granted the requested liberty and disposed of the petition without ordering any custody. The order reflects the court’s respect for the wife’s personal autonomy and the procedural right to withdraw a habeas corpus application.

Issues considered

Whether a habeas corpus petition can be used to compel a wife to accompany her husband against her expressed wishes
Whether the petitioner may be granted liberty to withdraw the petition and seek alternative legal remedies

Subjects

habeas corpuscustodypersonal libertymarriagefamily lawwithdrawal of petition

Judgment

         R/SCR.A/5854/2026                                                             ORDER DATED: 27/04/2026




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 5854 of
                               2026

 ==========================================================
                                   RONIL AMRUTBHAI CHANDRALA
                                             Versus
                                    STATE OF GUJARAT & ORS.
 ==========================================================
 Appearance:
 MR.RAJESH P VYAS(7267) for the Applicant(s) No. 1
 MS. KRUTIKA K. BHATT(19271) for the Applicant(s) No. 1
 MR LB DABHI APP for the Respondent No. 1
 MR ADIL MIRZA, advocate for respondents
 ==========================================================

    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.

            The petitioner being husband claimed the custody of his wife from
 the respondents. The corpus wife remained present. Upon inquiry, she has
 expressed her desire that she do not want to accompany the petitioner
 husband. In such circumstances, counsel appearing for the petitioner does
 not press this petition and seeks liberty to initiate appropriate legal action
 in accordance with law.


            With aforesaid liberty, petition stands disposed of accordingly.


                                                                                              (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 17:27:57
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