Girlfriend is in wrong custody
A resident of Banaskantha had filed a Habeas Corpus Petition in the Gujarat High Court. In this, the young man pleaded with the court by imposing an agreement to live with his girlfriend that his girlfriend was illegally in possession of someone else. In such a situation, his custody should be handed over to him. In this he said that the girlfriend’s marriage took place without his consent. After marriage, she did not live with her husband and had also left her in-laws house. She was living with him when she was wrongfully taken away by her husband and in-laws. The woman wants to be with him. In such a situation, the custody of that woman should be given to me from the husband. For this he has presented the live in relationship agreement in the court. In which the woman had expressed her desire to live with the petitioner.
Live in relationship was made the basis
In the application, the resident of Banaskantha had requested the court to direct the police to get custody. During the hearing of the matter, the counsel for the state government opposed this demand and said that he had no locus standi to file such a petition. It cannot be said at all that the one whom the petitioner is telling as his girlfriend is in any kind of illegal custody. After hearing the arguments of both the sides, Justice VM Pancholi and Justice MM Prachak said that the woman has neither divorced nor remarried. In such a situation, being with the husband of the woman cannot be considered as illegal custody, hence the application filed in the name of live in relationship cannot be accepted. The court directed the person seeking custody to deposit Rs 5000 with the State Legal Services Authority.
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