SATHAWARA AMITKUMAR JITENDRABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present petition under Article 226 of the Constitution of India has been filed by the petitioner for issuance of writ of Habeas Corpus alleging that the respondent no.5 to whom petitioner has legally wedded is residing with the respondent no.4. The daughter - Drisha born out of their wedlock is aged about two and half years is also residing with the respondent nos. 4 and 5.

(2.) In response to the notice issued by this Court, respondent no.5 wife of the petitioner as well as respondent no.4 have remained present before this Court along with minor daughter Drisha.

(3.) The matter was taken up in the chamber in presence of the learned advocates for the respective parties. It is found that respondent no.5 is at her own Will residing with the respondent no.4 at the address shown in the cause title. Respondent no.5 states that she does not want to go along with the petitioner husband with the child but want to reside with the respondent no.4. She states that the daughter - Drisha is only two and half years and therefore, she is able to take care of her daughter. She, however further states that the petitioner can meet her daughter -Drisha once in a week for reasonable time.