TULSI DAYABHAI BHASKARversusSTATE OF GUJARAT
- Disposal
- 56-DISPOSED AT ADMISSION STAGE
Holding
The court held that the corpus cannot be compelled to live with her husband under a habeas corpus petition and disposed of the application.
Summary
Tulsi Dayabhai Bhaskar filed a special criminal application (habeas corpus) seeking the release of a married woman who was allegedly being confined by her husband. The court allowed the applicant to join the husband as a party and admitted the police report. Upon hearing the woman, she expressed that she does not wish to live with her husband and is currently residing in a shelter home. The court held that, being an adult and mature person, she cannot be compelled to cohabit with her husband through a habeas corpus petition. Accordingly, the police were directed to set her free and inform the shelter home, while the husband was given liberty to approach a competent court for any matrimonial dispute. The petition was ultimately disposed.
Issues considered
- Whether a habeas corpus petition can be used to compel a married adult woman to live with her husband
- Whether the police authority can detain an adult woman against her will in a matrimonial dispute
- Scope of personal liberty under Article 21 of the Constitution in the context of marital relations
Subjects
Judgment
R/SCR.A/935/2026 ORDER DATED: 22/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 935 of
2026
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TULSI DAYABHAI BHASKAR
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR. MAULIK M SONI(7249) for the Applicant
MR. NAYAN R. KALOLA(14349) for the Applicant
MR ROHAN RAVAL APP for the Respondent no. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
and
HONOURABLE MR. JUSTICE R. T. VACHHANI
Date : 22/01/2026
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)
1. We have heard learned counsel Mr. Maulik Soni, Mr. Rohan
Raval and Mr. Nishith K. Joshi for the respective parties. The
request to join the husband as prayed by the counsel Mr. Joshi is
allowed and learned advocate for the applicant is permitted to amend
the petition accordingly.
2. The report of Dhoraji Taluka Police Station, Dist.: Rajkot
dated 22.01.2016 tendered by learned APP is ordered to be taken on
record.
3. We have inquired from the corpus, who is married lady, about
the aspect of illegal confinement, as alleged in the petition. She has
expressed that, she does not want to live with her husband.
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R/SCR.A/935/2026 ORDER DATED: 22/01/2026
4. The corpus presently in the shelter home at Rajkot. The corpus
is adult and mature person and in the proceedings of Habeas Corpus,
we cannot compel the corpus to live with X or Y. In such
circumstances, the police authority shall set free the victim and
accordingly, the shelter home be informed. We reserved the liberty
in favour of husband Rahul Valjibhai about his right to approach the
competent court, so far, matrimonial dispute with the corpus is
concerned.
5. With aforesaid observation, petition is disposed of.
(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 22/01/2026 14:57:04
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