Gujarat HC Allows Habeas Corpus Plea by Younger Son Seeking Custody of Parents by Elder Brother

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The bench ordered Respondent #3 to turn over all medical papers, medications and all other Corpus personal effects to the appropriate law enforcement authorities.

In view of the foregoing, the bench granted the motion.

Case title: Jayesh Manharlal Gandhi vs Gujarat State

Bench: Justices Vipul M. Pancholi and Sandeep N. Bhatt

Quote: R/SPECIAL CRIMINAL REQUEST NO. 7772 of 2022

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Mehak Dhiman

Recently, Gujarat HC allowed a habeas corpus plea by a younger son seeking custody of his parents from his older brother.

The bench of Justices Vipul M. Pancholi and Sandeep N. Bhatt dealt with the request filed by the petitioner-son, asking the police authorities of respondent no. 2 to produce the corpora, before the Court, which are in the illegal detention of respondent no. ).

In this case, the applicants’ parents lived with his older brother. The petitioner’s father suffered from paralysis as well as cancer and was completely bedridden. The eldest son did not take care of him and abused him. Corpus had called the petitioner to take them back.

The question to be considered before the bench was as follows:

Could custody of the parents be granted to the applicant or not?

The High Court, having considered the extent of the mistreatment of the Corpus, as revealed in Corpus No. 2, awarded custody of the Corpus to the petitioner.

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The bench ordered Respondent #3 to turn over all medical papers, medications and all other Corpus personal effects to the appropriate law enforcement authorities.

In view of the foregoing, the bench granted the motion.

Case title: Jayesh Manharlal Gandhi vs Gujarat State

Bench: Justices Vipul M. Pancholi and Sandeep N. Bhatt

Quote: R/SPECIAL CRIMINAL REQUEST NO. 7772 of 2022

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Mehak Dhiman
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