IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION No 768 of 2000 For Approval and Signature: Hon'ble MR.JUSTICE M.R.CALLA and Hon'ble MR.JUSTICE R.R.TRIPATHI ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO -------------------------------------------------------------- PUSHPABEN PRADEEPKUMAR KESARIA Versus STATE OF GUJARAT -------------------------------------------------------------- Appearance: MR HASHIM QURESHI for Petitioner Petitioner Pushpaben Pradeepkumar Kesaria - mother of concerned girl, namely, Pratiksha is also present. Ms.Harsha Devani, learned A.G.P. for respondents No.1 and 2. Respondent No.3 - Hemant Tulsibhai Makwana and respondent No.4 - wife of Tulsibhai Makwana are also present. -------------------------------------------------------------- CORAM : MR.JUSTICE M.R.CALLA and MR.JUSTICE R.R.TRIPATHI Date of decision: 11/09/2000 ORAL JUDGEMENT(Per: M.R.Calla,J) Ms. Pratiksha, who is admittedly aged 23 years and a Commerce Graduate is present before the Court alongwith respondents Nos.3 and 4. In presence of her mother i.e. petitioner, she has categorically stated that she had married respondent No.3 i.e. Hemant Tulsibhai Makwana on 7.1.2000 and has been living with him as his wife. She has also stated that she is comfortable and does not want to go with her mother, that she has not been wrongly confined. In the facts and circumstances of this case, whereas we find that Ms. Pratiksha is not in any unlawful or wrongful confinement, there is no case for issue of any writ of habeas corpus. Ms. Pratiksha is free to her liberty. This Special Criminal Application is accordingly rejected. Rule is hereby discharged. (M.R.Calla,J) (R.R.Tripathi,J)