Gujarat High Court Rejects Husband’s Plea to Return His Pregnant Wife from ‘Lesbian’ Friend, Cites ‘It’s Her Choice’

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The bench of Justice IJ Vora and Justice S V Pinto noted that they had ascertained the woman’s wishes. According to her statement, she had been subjected to both mental and physical harassment by her husband, which led her to leave their home and live with her friend. The woman denied any ‘illegal confinement’ by her friend and requested the court to grant her freedom.

Gujarat: A husband’s petition in the Gujarat High Court seeking the return of his pregnant wife from her “lesbian” friend was dismissed after she chose not to return to him. The man, a resident of Chandkheda, filed a habeas corpus petition (Art 32) last week, and on Monday, city police produced his wife before the court.

The bench of Justice IJ Vora and Justice S V Pinto noted that they had ascertained the woman’s wishes. According to her statement, she had been subjected to both mental and physical harassment by her husband, which led her to leave their home and live with her friend. The woman denied any ‘illegal confinement’ by her friend and requested the court to grant her freedom.

When questioned by the judges, the woman stated that she did not wish to return to her husband and preferred to stay with her friend. The court then allowed her to remain with her female friend, respecting her decision.

The court ruled that there was no illegal confinement and set her free as per her wish. The husband had claimed in his petition that his seven-month-pregnant wife left him in October to live with her female friend, whom he described as having a “one-sided attraction” toward her. He alleged that his wife was being unlawfully detained by her friend, who lived in the same locality, but he was unaware of her whereabouts.

The husband filed the petition after his complaints about his wife’s disappearance led to an entry in the Chandkheda police register. When he pressured the police for information, one of the officers told him that his wife was in Bengaluru with her friend, and that her statement had been recorded via Instagram. However, the police did not provide proof of this information, the husband to approach the high court.

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Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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