JIGARBHAI LAXMANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE learned advocate for the petitioner seeks permission to move the draft amendment. Permission is granted.

(2.) MS.Priyanka Japee, learned advocate appears for respondent no.4-father of corpus, namely, Vora Bharakumar Lalluram. The learned advocate files affidavit in reply affirmed by respondent no.4, along with document dated 6th December 2011 executed before Notary, Government of India, Himmatnagar (SK) titled as 'Divorce Deed'. The document is witnessed by one Shri Lalitkumar Chandulal Patel and Shri Patel Maheshbhai. Learned advocate Mr.Maulik N. Shah appearing for the petitioner submitted that this document was not executed by free will. The learned advocate for respondent no.4 requested that let the father of the petitioner- Laxmanbhai Patel and those two witnesses be called to ascertain the free will for executing the said document and in their presence the aspect of free will may be ascertained.

(3.) AFTER the aforesaid order is dictated, the girl, asserts that her signature on the so called divorce deed was not of her free will and she was required to sign it only on account of mental pressure exerted by the persons present there. That being so, taking into consideration the fact that the girl is major and she is willing to stay with the petitioner with whom she is legally married, as is clear from the marriage Certificate, respondent No. 4 is directed to allow her to go with the petitioner. Respondent No. 4 is further directed not to cause any hindrance in her going with the petitioner.