KALPESHKUMAR BHIKHALAL VOHARA Vs. DALPATBHAI MANILAL SHAH

JUDGEMENT

(1.) Rule. Mr. Jal Unwalla, appearing for the respondents Nos. 1 and 3 waives service of rule. The learned Additional Public Prosecutor also waives service of rule.

(2.) Pursuant to the notice issued on this petition, Manisha - the respondent No.3 has appeared before us and is represented through her Advocate. The learned Counsel for the petitioner states that the petitioner and the respondent No.3 were married as per the copy of the marriage certificate, which is at annexure "C" to the petition. It is alleged that the respondent No.3 is illegally detained by her father. The petitioner has prayed in paragraph 15(A) of the petition that the respondent No.3 should be allowed to come to the house of the petitioner and that the petitioner should be permitted to "have her custody - as her husband".

(3.) We gave an exclusive audience to the respondent No.3 Manisha, who has in no uncertain terms told us that she does not want to go with the petitioner. In fact she disputed having married the petitioner and has stated before us that she has not been illegally detained by anyone. She repeated this fact even before the learned Counsel for both the sides. We are satisfied that Manisha who has studied upto Eleventh Standard, is capable of taking her own decisions. Admittedly, she is an adult of 21 years of age. She therefore, cannot be compelled to go to the petitioner even on an assumption that marriage may have been performed.