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
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
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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
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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
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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
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