MUKESHBHAI SAVABHAI CHAROLIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Pursuant to the filing of this petition, on request the matter was adjourned from time to time. However, though the matter was adjourned to 15/6/2023, today corpus is produced before the Court. She is aged about 14 years 01 month and 10 days as on the date of offence registered i.e. 7/4/2023. She has flatly refused to go with the parents. Though, minor has to stay with the parents, the decision of the corpus not to go with the parents cannot be refused on certain grounds, which were narrated during the interaction with the corpus by us in isolation in our chamber. She cannot be sent to any other place except Children Home for Girls, Vikash Vidhyalay, Morbi from where she has been brought.

(2.) Therefore, Superintendent, Children Home for Girls, Vikash Vidhyalay, Morbi is hereby directed to retain the custody of corpus till she attains the age of majority or any further order passed by the Court. On completion of her age of majority, Superintendent, Children Home for Girls, Vikash Vidhyalay, Morbi is directed to produce the corpus before this Court. The Superintendent may permit visit by the parents and family member alone. By the time she stays in the Children Home for Girls, Vikash Vidhyalay, Morbi if she changes her mind and desirous of staying with the parents, the Superintendent is hereby directed to report the same to the Court along with the contemporaneous record for passing appropriate orders to that effect.

(3.) In view of the fact that the corpus is not desirous of joining the company of the parents, this petition filed praying for Writ of Habeas Corpus stands rejected as at present there is no illegal confinement.