SAVITABEN BHAYABHAI SHIYAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed seeking writ of habeas corpus in respect of the corpus Ms.Ramilaben, who happens to be daughter of the petitioner on the allegations made in the memo of the petition. This Court on 17th May 2019 passed the following order during the Vacation.

(2.) Today, the corpus has been brought before the Court and she has in unequivocal terms submitted that she may accompany her parents, who are present in the Court. She was permitted to have dialog with the parents and she has been now of the view that she and her foetus would not get jeopardized in any manner on account of her stay with the parents.

(3.) The corpus is minor and there are atleast six months to go for getting her adulthood. In this view of the matter and bearing in mind the chequered history and development, we thought it fit to specifically ascertain from the parents of the corpus, who are present in the Court i.e. the petitioner and her husband qua their willingness to keep the corpus properly and without causing any harm to her person, property and the pregnancy. Learned counsel for the petitioner has in fact placed on record the undertaking to this effect filed by the petitioner. The same is taken on record. The petitioner's husband is present in the Court and he also through his counsel assures this Court that no harm will be caused to the corpus and her property and foetus in any manner nor would she be compelled to do anything against her will and wish. Learned counsel for the petitioner has assured the Court and he makes this statement as aforesaid.