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Gujarat: The Gujarat High Court recently dismissed with ₹5,000 costs, a plea by a man who sought the custody of his girlfriend who, he claimed, was in the “illegal custody” of her husband [Bhagwan Rajabhai Chaudhari vs State of Gujarat].
A division bench of Justices Vipul Pancholi and Hemant Prachchhak dismissed the habeas corpus petition filed by one Bhagwan Chaudhari, who claimed that his girlfriend was forced by her family to marry another man against her wishes.
However, after the marriage, she left her matrimonial house and was living with the petitioner in a live-in relationship. The couple even registered an agreement of “live-in relationship” based on which the petitioner sought her custody, arguing that she is in the wrongful custody of her so-called husband.
However, the State opposed the plea stating that the girl’s marriage was subsisting and therefore, her custody with her husband cannot be said to be illegal.
Having heard the contentions, the bench noted the fact that the girl was already married and had not divorced her first husband.
“It would emerge that she got married with her husband and it is alleged that the marriage took place against her wish and therefore, she left her house and she was voluntarily staying with the petitioner and live-in relationship agreement was executed between them,” the bench noted.
In view of the fact that her earlier marriage subsisted, bench noted that her marriage with the petitioner was not solemnised.
“At the same time, divorce has not taken place between woman and her husband. We are, therefore, of the view that her custody with the husband cannot be termed as illegal custody as alleged by the petitioner and the petitioner has no locus to file the present petition on the basis of the so-called live-in-relationship agreement,” the bench opined.
The judges, therefore, dismissed the petition with costs of ₹5,000.
“The petitioner shall deposit Rs.5,000 with the Gujarat State Legal Services Authority within a period of six weeks from today,” the bench ordered.
Advocate MA Husseni appeared for the Petitioner.
Additional Public Prosecutor JK Shah represented the State.