KANTABEN NATUBHAI ZAWALA BARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Application has been preferred by the applicant-original petitioner with a prayer to direct the Superintendent of Mahipatram Rupram Ashram, Raipur, Ahmedabad to hand over custody of her minor daughter, Shilpa, to her.

(2.) The background in which this Application has been filed is that the petitioner had earlier preferred Special Criminal Application [Habeas Corpus] No. 8021 of 2017 for the production of the corpus of her minor daughter, Shilpa, aged about fifteen years, before this Court. The allegation in the petition was that respondent no. 4 therein had kidnapped the corpus with a mala fide intention, luring her with a promise of marriage.

(3.) During the course of hearing of the said petition, Shilpa was produced before us. On interaction on two or three occasions, Shilpa adamantly refused to go with the petitioner and stated that she would like to go with the respondent no. 4. Another complication in the matter is that Shilpa was found to be pregnant. As Shilpa is a minor and was, at the relevant point of time unwilling to go with her mother, this Court passed an order dated 7th December 2017 directing that she be lodged in the Mahipatram Rupram Ashram, Raipur, Ahmedabad till she attains the age of 18 years.