The Gujarat High Court in the case Bhagwan Rajabhai Chaudhari v. State of Gujarat observed and has dismissed a habeas corpus petition with Rs. 5000/- the cost on the petitioner, wherein seeking custody of his live-in partner alleging that she being in an illegal custody of her husband.
The division bench comprising of Justice Vipul M. Pancholi and Justice Hemant M. Prachchhak in the case observed that it is not being a dispute, the marriage of the petitioner being solemnized with the respondent No.4 (corpus). Therefore, the divorce has not been taken place between respondent No.4 (corpus) and respondent no. 5 (husband). This court is of the view that the custody of the respondent No.4 with respondent No.5 cannot be termed as illegal custody as alleged by the petitioner and the petitioner has no locus for filing the present petition on the basis of the so-called live-in-relationship agreement.
It being the case of the petitioner that the woman got married to another man against her wishes but thereafter, the woman left the matrimonial house and was residing with the petitioner. Further, it has been submitted by the petitioner in the plea that an agreement of live-in-relationship with the corpus before the court.
The counsel appearing for the petitioner contended before the court that the private respondents have illegally taken custody of corpus and she being in the illegal custody of her husband. It has also been prayed by the petitioner that the court to direct police authority to handover the custody of the corpus to the petitioner.
It has also been argued by the APP appearing for the State that the petitioner has no locus standi because even if the corpus who being in the custody of her husband, wherein it cannot be stated that corpus is in illegal custody of her husband.
It has been held by the court that custody of corpus with her husband cannot be termed as illegal as there being no locus for filing of the present petition.
The court stated while considering the facts and circumstances that this court is not inclined to entertain the present petition.
Accordingly, the court dismissed the plea with cost of Rs.5,000/-. Therefore, the petitioner needs to deposit an amount of Rs.5,000/- (Rupees Five Thousand Only) with the Gujarat State Legal Services Authority within a period of six weeks.
