JANABEN KAILASHBHAI GUNDIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Pursuant to an order dtd. 12/4/2023, the corpus was produced before the Court on 21/4/2023. However, the petitioner and her husband i.e. parents of the corpus Bharti, aged about 14 years, were in search of her in Madhya Pradesh, they could not attend the Court on that day. Therefore, she was ordered to be sent back to Shri Bhagvatsinhji Balashram, Gondal, from where she was brought.

(2.) Thereafter, vide order dtd. 21/4/2023, the corpus was required to be produced today before the Court. The corpus is also present before the Court and parents of her are also present before this Court. They have assured the Court that the corpus will not be pressurized to get married with any other person, as the corpus apprehends that if she goes with the parents, she may be married somewhere else by them. Since the corpus is of a tender age i.e. 14 years, it would be in the interest of her to stay with the parents but with some directions to the police authority as also the Taluka Legal Services Authority, Gondal.

(3.) The corpus - Bhartiben, aged about 14 years, is allowed to stay with her parents, and parents are hereby directed not to pressurize her for getting married somewhere else, at least, till she attains the age of majority i.e. 18 years. Even thereafter also, they may pursue her but cannot pressurize her to have the marriage against her wish. The local police i.e. Police Inspector, Gondal City Police Station, is hereby directed to depute someone, preferably lady constable for periodical visit of the house of the corpus i.e. parents of her to see that assurance given before the Court, is obeyed. The Secretary, Taluka Legal services Authority, Gondal, is also directed to have the periodical check at the house of corpus i.e. Bhartiben, aged about 14 years, who has declared her wish to stay at the address mentioned in the cause title.