(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. The petitioner has, claiming to be husband of the corpus, filed present petition for a writ in the nature of habeas corpus. Upon the notice being issued, Ms.Chandrika N. Kshatriya is brought before the Court and affidavit-in-reply of respondent nos.3 and 4 is filed to state that the petitioner has not entered into marriage with the daughter of respondent no.4 but has cheated and pressurized her into signing some documents. It is further stated on oath that the petitioner has cheated the corpus by offering her good job at Mundra. Even as the daughter of respondent no.4 is major and graduate, she had preferred to remain at the house of the respondents, according to the affidavit. It is further stated on oath that the petitioner has suppressed material facts of respondent no.4 having filed a complaint with Ramol Police Station on 3.12.2010 in respect of an assault upon respondent no.4 as well as the corpus. It is further stated that the corpus has filed a suit in the Family Court wherein a decree of nullity of marriage is sought. It is clearly alleged that present petition is filed with an oblique motive to solve the matrimonial dispute arising from the marriage which is alleged to have been entered into by misrepresentation.
2. Learned counsel, Mr.S.R.Shukla, appearing for the petitioner submitted that all the facts of criminal case and matrimonial dispute were not consciously suppressed by the petitioner but they were treated as irrelevant for the purpose of present proceeding.
3. Upon being asked in open Court and in presence of learned counsel on both sides, the corpus, Ms.Chandrika, has clearly and categorically stated that she has not consciously and willingly married the petitioner and she neither wants to live with the petitioner nor does she even want to have any conversation with him. Therefore, and in view of the averments made in the affidavit-in-reply, it clearly appears that present petition has been filed and pursued by way of abuse of the process of Court and has put the police officers concerned to unnecessary and avoidable duty of producing the corpus before this Court. On account of suppression of material and relevant facts and abuse of the process of Court, the petition is dismissed with cost quantified at Rs.1,000/- which shall be paid within 15 days by the petitioner to respondent no.3. Notice is discharged.
(D.H.Waghela, J.) (N.V.Anjaria, J.) *malek Top