Title: Padmaben Rajendrabhai Vyas V State Of Gujarat
R/SCR.A/11832/2023
Decided on: 09/10/2023
Coram: Hon’ble Mr. Justice A.S. Supehia and Hon’ble Ms. Justice Gita Gopi
Introduction:
The present writ petition is regarding the writ of Habeas Corpus filed by the petitioner to request the court to grant the notice to the respondents to vacate the property in Manjalpur. The said petition also appeals the court to subject the respondents to a medical checkup to confirm any mental disorder.
Facts:
The dispute is regarding the claim on the property, in which they are residing i.e. 303, Rangotsav Apartment, Near Darbar Chokdi, Manjalpur, Vadodara, and the petitioners are attempting to see that the said property gets vacated because of redevelopment. Dhrasti Bhatt the respondent stated that the property was bought by her mother and they have been maintaining themselves as petitioner that is Shriram Bhatt left them in 2018. The petitioner alleged that the respondent has been using black magic on them. A writ of Habeas Corpus is filed for subjecting respondents to medical tests to ascertain their mental stability as they are doing black magic on them.
Court’s Analysis and Judgement:
The bench opinioned that the court can’t forcefully subject one to a medical test in order to ascertain their mental stability. And the writ of Habeas Corpus can’t be used on such a vague allegation that they are practicing black magic. The bench added that they personally interacted with the respondents and found no mental disorder.
Practicing of black magic can be a personal choice according to the bench, and on being ascertained that the respondents would not like to accompany the petitioners and they would like to reside at the place, where they are presently residing at the given address, we cannot compel them to reside with or accompany the petitioners against their wishes.
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Written By: Sushant Kumar Sharma
