GANDHI MITULKUMAR KIRITBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. A.S. Timbalia, learned advocate for the petitioner, Mr. Manan Mehta, learned APP for the State and the officers of Mahipatram Rupram Ashram.

(2.) By this petition under Article 226 of the Constitution of India, the petitioner herein has prayed for a writ of habeas corpus directing the respondents to produce the daughter of the petitioner Jisha before this Court.

(3.) It is the say of the petitioner that as per the DNA report, the petitioner is the father of corpus Jisha. It appears from the photographs which are forming part of the record of this petition that the child was prematurely born with certain ailments. The mother of the petitioner for whatever reasons took the child and kept it under the care of Mahipatram Rupram Ashram, respondent no.4. As the record indicates, the petitioner was Corona Positive mainly because of which such incident occurred in his life. Ultimately, on 16.12.2020, the corpus Jisha, 4 months old, was produced before us through video conferencing from Mahipatram Rupram Ashram in presence of the police officers, wherein we recorded the following order -