MAGAN HAJURBHAI DAMORversusSTATE OF GUJARAT
- Disposal
- 26-DISMISSED @ ADM.STAGE
Holding
The court dismissed the habeas corpus application, finding no ground to issue a writ as the daughter is a married adult.
Summary
The father of a 19‑year‑old woman filed a special criminal application for habeas corpus, alleging that his daughter was being illegally confined by respondent No.4. The daughter appeared before the court and admitted that she had legally married respondent No.4 on 8 November 2025, as evidenced by a marriage registration certificate. The Additional Public Prosecutor submitted a police report confirming the marriage and the daughter's statement. The court examined whether the father's claim of illegal confinement could be sustained despite the daughter's voluntary marriage. Finding that the daughter is an adult who has entered into a lawful marriage, the court held there was no basis to issue a writ of habeas corpus. Consequently, the application was dismissed.
Issues considered
- Whether a habeas corpus writ can be issued to free a 19‑year‑old woman alleged to be illegally confined when she has voluntarily entered into a legal marriage.
Subjects
Judgment
R/SCR.A/2353/2026 ORDER DATED: 25/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 2353 of
2026
==========================================================
MAGAN HAJURBHAI DAMOR
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR KARAN SHAH(12750) for the Applicant(s) No. 1
NOTICE NOT RECD BACK for the Respondent(s) No. 2,3,4,5
MR JK SHAH, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
and
HONOURABLE MR. JUSTICE R. T. VACHHANI
Date : 25/02/2026
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)
1. We have heard learned counsel Mr.Karan Shah and Mr.J.K. Shah,
learned Additional Public Prosecutor for the respective parties.
2. By way of this application, the father of the corpus alleged that her
daughter aged about 19 years is in the illegal confinement of respondent
no.4 and by necessary issuance of the writs, she may be freed from the
illegal confinement.
3. Mr.J.K. Shah, learned Additional Public Prosecutor tendered a
detailed report prepared by Shantej Police Station, Gandhinagar which is
ordered to be taken on record. It emerges from the report that the corpus
had addressed a letter to the Meghraj Police Station, Arvalli, intimating
the police about her marriage solemnized with the respondent no.4. The
certificate of registration of the marriage shows that on 08.11.2025,
marriage was solemnized. The corpus is present before this Court and
Page 1 of 2
R/SCR.A/2353/2026 ORDER DATED: 25/02/2026
upon inquiry, she is admitting the factum of the marriage with the
respondent no.4 and denied the allegations made by her father in the
application.
4. In view of the age of the corpus and her legal marriage with the
respondent no.4, we do not find any ground for exercising our discretion
for issuance of any order and/or writ, as prayed for.
5. The application stands dismissed and is hereby dismissed.
(ILESH J. VORA,J)
(R. T. VACHHANI, J)
Rakesh
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: RAKESH MAHESHKUMAR KOSHTI(HC00950), Principal Pvt. Secretary, at High Court of Gujarat on 25/02/2026 17:04:17
Page 2 of 2
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.