Plea Filed By Man To Seek Custody Of Girlfriend Married To Another Man, Gujarat HC Imposes Cost

The Gujarat High Court division bench comprising Justices Vipul Pancholi and Hemant Prachchak imposed a cost of Rs.5000 on a man who filed a petition seeking custody of his girlfriend who is married to another man. He had put forth that the girl was in the custody of her husband as she was forced to get married to him but after the marriage she had left her husband’s house to be in a live-in relationship with him. The man said that since they had a live-in relationship agreement he should have the girl’s custody.

The court observed that the girl had married her husband and thereafter was voluntarily living in a live- in relationship with her husband but no marriage has been solemnized between the petitioner and the girl. On the other hand the girl and her husband are not divorced and until they are still married, it cannot be said that she is in the illegal custody of her husband. The court observed that the petitioner had no locus to file the present petition on the basis of the so-called live in agreement.

In the light of the aforementioned the court observed that the o=present petition cannot be entertained and dismissed it. The court further imposed a cost of Rs.5,000 on the petitioner and the amount is to be deposited with the Gujarat State Legal Services Authority within a period of six weeks from today.

CASE:BHAGWAN RAJABHAI CHAUDHARI V. STATE OF GUJARAT

R/SPECIAL CRIMINAL APPLICATION NO. 2933 OF 2023