SANATKUMAR DALPATRAM RAMANUJ Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India seeking writ of habeas corpus and other appropriate writ on 04.08.2020, we issue the notice and directed the respondent authority to bring the corpus before us with the following order: -

(2.) Today, the corpus Shivam is presented before us. He is presently with his maternal grant parents at Jindva, Taluka:Dehgam, District: Gandhinagar. Name of maternal grandfather is Shri Gunvantbhai Trikambhai Sadhu. The boy, when enquired about his joining the father, said he was happy with the grandparents. We also had an occasion to meet the maternal grandfather Shri Gunvantbhai Trikambhai Sadhu aged 52 years and he is very keen to attend to retain the safe custody of the child. According to him, the father never bothered to contact the family, nor has he cared. He also has urged that the amount of maintenance, which has been granted in favour of the corpus and his mother also have not been paid by the petitioner, the outstanding dues are to the tune of Rs. 2,00,000/-. He also further admitted that the mother of the child has joined respondent No.5 on her own and without the consent of the parents.

(3.) The corpus was presented before us through the video conferencing organized at Ahmedabad Rural Court in present of learned Additional District & Sessions Judge, Ms. Taruna Rana. She also has, at length, found out form the maternal grandfather that the dispute between spouses is going on for a long time. She is not a divorcee and yet is keen to marry respondent No.5. According to her, the grandparents are unhappy because of her conduct, but they look after the child well. It is her say that the present petitioner has not fulfilled his obligations as has been conveyed to her by the grand parents of corpus Shivam.