Bhaveshkumar Vasantbhai Parmar vs State Of Gujarat

S.R.Brahmbhatt, J

Heard learned counsel for the parties.

The present petition is taken out for seeking writ of Habeas Corpus in respect of the corpus - Janki, with following prayers:

"1. This Hon'ble Court may be pleased to admit and allow this petition;

This Hon'ble Court may be pleased to issue a writ of Habeas Corpus and may be pleased to order/ direct the respondent nos. 1 to 7 to produce the respondent no.8 before this Hon'ble Court and set the respondent no.8 at liberty forthwith and hand over custody of the respondent no.8 to the petitioner;

Pending admission, hearing and final disposal of this petition, this Hon'ble Court may be pleased to order/ direct the respondent nos. 1 to 7 to produce respondent no.8 before this Hon'ble Court on the next date of hearing and hand over interim custody of the respondent no.8 to the petitioner;

This Hon'ble Court may be pleased to pass any other appropriate order, as deemed fit, in the interest of justice."

Thus essential what is being prayed is issuing of writ of Habeas Corpus in respect of the corpus - Janki, on the basis of the averments and allegations made in this petition.

Today, the corpus has been brought before this Court and she submitted that her date of birth is 15.9.1994 and she is adult. The corpus has submitted that she on her volition is residing with respondent no.4 and she is not under any confinement or restraintment nor she being in any kind of coercion, as alleged in the petition. She, when stated in unequivocal terms that she on her own volition is residing with respondent no.4, learned advocate for the petitioner submitted that there is marriage certificate of corpus with the petitioner and the person with whom she is residing is in fact goading the corpus to tell the incorrect statement. Be that as it may, when the corpus has stated before the Court that she is not under any compulsion or coercion and she is adult and expressed her desire not to stay with the petitioner and submitted that she on her own volition is residing with respondent no.4 and is not under any confinement or restrainment, we are of the view that petition is required to be dismissed and is accordingly dismissed. Notice is discharged.

It is made clear that this order shall not affect the right of the parties against each other, including criminal proceedings to be carried out by the parties, the same shall be decided in accordance with law without being influence by present order.