BHIKHABHAI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr. D.C.Sejpal, Learned APP waives service of notice of rule on behalf of respondent Nos.1 and 2. Learned advocate, Mr. Tejas Satta waives service of notice of rule for respondent Nos. 3 to 6.

(2.) BY way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for writ of habeas corpus to produce corpus, his wife Smt. Jyotsnaben Thakor before this Court. This Court (Coram: A.L.Dave and V.M.Sahai, JJ.] vide order dated 15.02.2011 issued notice. In response to the said notice, respondent Nos. 3 to 6 have remained present before this Court alongwith corpus Smt. Jyotsnaben Thakor.

(3.) IT may also be noted that an attempt was made on behalf of respondent Nos. 3 to 6 to press that the age of the corpus, Smt. Jyotsnaben Thakor is less than eighteen years, that is to say, she is minor. Mr. Tajas Satta, learned advocate appearing on behalf of respondent Nos. 3 to 6, has tendered a photocopy of the school leaving certificate issued by Jilla Sikshan Samiti, Surendranagar, wherein the date of birth of the corpus is mentioned as '01.06.1993'. However, we have inquired from the corpus, Smt. Jyotsnaben Thakor and it is not possible to believe that the birth date, as shown and mentioned in the school leaving certificate, is true and correct and Mr. Tejas Satta has not been able to tender any further authenticate document to show that corpus, Smt. Jyotsnaben Thakor is minor.