The remarks were made while dealing with a habeas corpus petition filed by a woman’s live-in partner, seeking her custody after she was allegedly taken away by her husband and confined to her maternal home. 

The petitioner before the court claimed to be a live-in partner of the woman, who was married to another person, but on account of matrimonial discord, she was residing with her parents and later on entered into a live in relationship agreement with the petitioner.

Subsequently, petitioner alleged that the parents of the corpus and husband of the corpus took the corpus away and in this connection, an FIR was registered with Khambha Police Station, Amreli.

 The bench comprising Justices Biren Vaishnav and Pranav Trivedi ordered, “Accordingly, we have ascertained the wish of Harshaba. She has expressed her desire to be in company of the petitioner. As recorded in the order she being major, she is free to choose her own course as she deems to take.”

“Accordingly, having ascertained wishes of Harshaba she is free to go wherever she desires. The petition is accordingly, disposed of,” the bench added.

Case Title: Sarvaiya Rajubhai Bachubhai Versus State Of Gujarat & Ors.