LAWS(GJH)-2020-7-80

VARJUBEN Vs. STATE OF GUJARAT

Decided On July 20, 2020
Varjuben Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) This is a petition seeking writ of Habeas Corpus under the Article 226 of the Constitution, where various orders came to be passed by the Court, the last order which was passed was 7.7.2020 deserves reproduction at the outset.

(2.) Pursuant to the said order today the corpus is brought before this Court who has been presented through the Video Conferencing arranged at the District Court: Devbhoomi Dwarka in the presence of learned Principal District Judge, Mr. Kadiwal. It was ensured not to keep anyone else present in his chamber and we had an occasion to speak to the corpus herself.

(3.) It was conveyed by her that she was taken to Kolkata and then to Ahmedabad and thereafter to Surat where she was with respondent Vipul. She also understands that her age being of below 18 years and therefore her legal incapacity to marry anyone. She has shown her willingness to join her mother and also to pursue the formal education if it is conducive to the family. Mother and the applicant herein was also called in the chamber of learned PDJ and she has ensured to keep the daughter in good health, mentally and physically also. She has also further ensured that as far as possible and if she is desirous to study further, the mother would be willing to support her. She has lost her husband 11 years back and she has got 5 children.