The Gujarat high court fined a man ₹5,000 for seeking custody of his girlfriend from her husband on the strength of their live-in agreement. The case is from the district of Banaskantha.
As per reports from TOI, the man approached the HC and stated that he was in a relationship with the woman whose custody he was seeking. She was forced to marry someone else against her will, and the couple did not get along.
Woman abandons husband to stay with the man
The woman abandoned her husband and marital home to live with him after which they stayed together and also signed a live-in relationship agreement.
The woman's family and in-laws eventually arrived and brought her back to her husband. The man went to the HC and filed a habeas corpus petition for his girlfriend, claiming that she was being kept against her will and in unjust custody by her spouse.
State govt refuses to entertain petition
The state government opposed the petition, arguing that the man had no locus standi to file such a petition. If the woman is in the custody of her husband, it cannot be said that she is in illegal custody.
After hearing the case, the justices V M Pancholi and H M Prachchhak's bench stated that the woman's marriage to the petitioner had not yet been solemnised and that she had not yet obtained a divorce from her husband.
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