KALUMIYA CHHOTUMIYA USMANMIYA SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) We have interacted with the corpus, Tehsin, daughter of Kalumiya Shaikh, who is aged about 17 years and 3 months by now. She has been produced from Nari Vikas Kendra, Paldi, Ahmedabad before the Court pursuant to the order passed by this Court on 17/3/2023. Though, she is minor but has reached near about the age of discretion and she is very firm about not staying in company of her parents and she declared her wish to be sent to Nari Vikas Kendra, Paldi, Ahmedbad.

(2.) Considering the conversation between the parents and corpus in chamber in presence of advocate for the parents, it appears that she is firm on her decision and despite she is below 18 years of her age, considering strained relationship to an extent between the parents and corpus, it would be advisable to send her to Nari Vikas Kendra, Paldi, Ahmedabad.

(3.) Accordingly, we direct Nari Vikas Kendra, Paldi, Ahmedabad to retain her there and look after her interest as also safety. At the same time, Nari Vikas Kendra, Paldi, Ahmedabad may see that she remains occupied with some work, which may be helpful to her in future. They are further directed to permit parents to see her once in a week, if they want, but from safe distance between them and in presence of persons of the Nari Vikas Kendra, Paldi, Ahmedabad. They are further directed to ensure safety of the corpus till she attains the majority. As such, there is no dispute in between the parents about her date of birth to be 26/12/2005. If before she attains the age of majority she changes her mind and expresses her wish to go with parents, Nari Vikas Kendra, Paldi, Ahmedabad is directed to report to this Court so that appropriate orders can be passed thereafter. Nari Vikas Kendra, Paldi, Ahmedabad is further directed to produce her before this Court on her attaining the age of majority so that she can be sent to safe custody with whom she wishes.