High Court of Gujarat

ZALA NIRMALSINH DASHRATHSINHversusSTATE OF GUJARAT

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: GITA GOPIL S PIRZADA

Holding

The court held that the adult corpus, having voluntarily married and expressed her desire to join the petitioner, is free to decide, and therefore the habeas corpus petition is allowed.

Summary

The petitioner, Zala Nirmalsinh Dashrathsinh, filed a habeas corpus petition seeking the release of a young woman (the corpus) who had been taken away by her parents after she performed a Saptapadi marriage ceremony with the petitioner. The corpus, aged 18, was identified through school and Aadhar records and testified that she willingly married the petitioner and wished to join him. The court heard both parties, noting that the corpus and petitioner are earning individuals and that the marriage was conducted in the presence of relatives. The parents, represented by counsel, were informed of the corpus's desire to live with the petitioner. Considering that the corpus has attained majority and has expressed free will to remain with her husband, the court allowed the habeas corpus application, affirming her right to decide. The order was signed by Justices Gita Gopi and L.S. Pirzada.

Issues considered

Whether the detention of an adult woman by her parents violates her personal liberty under habeas corpus.
Whether a marriage performed under Saptapadi rites by an 18‑year‑old is valid and confers legal rights.
Whether the court can order the release of the corpus based on her expressed consent.

Subjects

habeas corpusmarriageconsentmajoritySaptapadi ritespersonal libertychild marriage

Judgment

     R/SCR.A/9247/2026                           ORDER DATED: 22/07/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 9247 of
                            2026
==========================================================
                         ZALA NIRMALSINH DASHRATHSINH
                                     Versus
                            STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MS KINJAL PATEL for MR VAIBHAV N SHETH(5337) for the Applicant(s) No.
1
MR IRFAN H SAIYED for the Respondent(s) No. 8,9
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MS. JUSTICE GITA GOPI
          and
          HONOURABLE MR.JUSTICE L. S. PIRZADA
                       Date : 22/07/2026
                           ORDER
 (PER : HONOURABLE MS. JUSTICE GITA GOPI)


1.     Heard the learned advocates appearing for the respective
       parties.


2.     The Police Inspector, Himmatnagar “A” Division Police Station
       has produced a report along with the Corpus who has
       completed 18 years of age, which is taken on record. The
       birth date is verified as 26.5.2008 from the school leaving
       certificate as well as Aadhar Card. She is accompanied by her
       parents i.e. respondent no.8–Prakashsinh Dilipsinh Parmar
       and respondent no.9–Rupalben Prakashsinh Parmar. The
       petitioner is present who stated that he had performed the
       marriage by following Saptapadi rites and when about to go
       for the registration of the marriage, the parents took the
       Corpus away.




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        R/SCR.A/9247/2026                                                           ORDER DATED: 22/07/2026




3.         Today, when we talked with the Corpus in the chamber, she
           expressed that she had willingly performed the marriage rites
           and she affirms of Saptapadi ceremony with the petitioner and
           thus, shown willingness to join the petitioner.


4.         We inquired from the petitioner who states that he as well as
           Corpus both are earning and he is also having an agricultural
           land. The petitioner states that the marriage ceremony was
           performed in presence of his relatives.


5.         Both the parents of the Corpus were also appraised in the
           chamber the desire of their daughter to join the petitioner
           who stated that she has married the petitioner. The parents
           are represented by learned advocate Mr. Irfan Saiyed who is
           permitted to file Vakalatnama.


6.         Since both have married and are willing couple and the
           Corpus has expressed her desire to join the petitioner at the
           free will. The Corpus who has attained majority is married
           wife of the petitioner is free to take her own decision and
           thus, the present application is ALLOWED.


                                                                                                 (GITA GOPI,J)



                                                                                          (L. S. PIRZADA, J)
           Maulik

     Original copy of this order has been signed by the Hon'ble Judges.
     Digitally signed by: MAULIK RAJESH PANDYA(HC00205), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 22/07/2026 14:57:43




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