Man Agrees In Gujarat High Court To 'Re-Marry' Wife As Per Customs In Her Native Place

In a peculiar case before the Gujarat High Court, a man seeking production of his wife stated to be detained by her parents, agreed to visit her native place and re-marry as her the customs there.

The couple got married in the absence of their families and the woman's family–belonging to Rajasthan, were desirous of performing certain marriage rituals in their native place in the presence of the husband and his family. 

As the husband's family expressed an apprehension as to their safety in Rajasthan, the father of the wife gave an assurance before the high court that no harm would be caused to the former; pursuant to which the high court disposed of the plea noting that the wife was not illegally confined. 

The court passed the order in a habeas corpus plea moved by the husband who belongs to Ahmedabad, Gujarat, seeking production of his wife who belongs to Dungarpur Rajasthan, claiming that she had been wrongfully confined by her parents. In an earlier hearing the court had issued notice and had asked the concerned police station to trace the corpus wife. 

When the matter was heard again a division bench of Justice AY Kogje and Justice Samit J Dave court interviewed the corpus wife, the petitioner husband as well as family members of both the sides, who were present in the court.

It thereafter said, "It appears that the corpus is willingly residing with her parents. She has admitted that the marriage is solemnized and has been registered under the Registration Certificate dated 25.02.2025 at Ward of Dariyapur, Ahmedabad Municipal Corporation". 

The court noted that there were differences between the two families though the petitioner and corpus were ready and willing to reside together as husband and wife.

"One of the point of difference is that the desire of the corpus and her family to comply with the rituals, which includes the arrival of petitioner as a groom at their native, performing the rituals in the native of the corpus and thereafter, bring her back to her matrimonial home at Ahmedabad. The native of corpus is village Nandaliahara, Dungarpur. However, the family of the petitioner is apprehensive about their safety and security, and therefore, are not willing to go to the native of the corpus for the rituals," the court noted. 

At this stage the woman's (corpus) father stated that he is "ready and willing to give an undertaking" that as and when the petitioner husband and his family members decide to visit the native of the corpus wife, the woman's father and his family would welcome them with open hands and will also ensure the safety and security during their stay and performance of rituals till they come back to their matrimonial home at Ahmedabad.

"In view of the aforesaid undertaking provided by the respondent no.4 (corpus wife's father) with regards to the safety and security of the petitioner (husband) and his family members while their stay in Rajasthan, the present matter stands disposed of by recording that the corpus is not in any illegal confinement with her parents at Rajasthan and both the sides are ready and willing to accept the petitioner and the corpus as legally wedded husband and wife," the court said.

Directing that the written undertaking be filed, the court disposed of the habeas corpus plea. 

Case title: X v/s State of Gujarat and Others

Click Here To Read/Download Order

Citation: 2025 LiveLaw (Guj) 77