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Judgment
R.M.Chhaya, J
By way of this petition under Article 226 of the Constitution of India, the petitioner who happens to be the mother of corpus Bhiriben, has prayed
for following reliefs -
“A. directing the respondent nos. 1 to 4 to forthwith search and find out the whereabouts of MINOR Bhiriben and produce her before this
Hon’ble Court on the returnable date and to hand over the custody MINOR Bhiriben to the petitioner;
B. During the pendency of admission, hearing and final disposal of this petition, be pleased to direct the respondent nos. 1 to 4 and 5 & 6 to produce
Bhiriben, MINOR daughter of the petitioner, before this Hon’ble Court, who is kept under illegal and wrongful confinement of the Respondent No.
5 & 6 and also direct the respondent nos. 4 to personally remain present before this Hon’ble Court so as to explain his conduct in alleged incident;
C. Pending admission, hearing and final disposal of the present petition, this Hon’ble Court may kindly be pleased to direct the police agency to
forthwith submit a report about the MINOR daughter of the present petitioner as she is not found and traceable since 26.03.2019;â€
As per the record, the petition was preferred on 26.10.2020. Even according to the petitioner, the date of birth of the corpus Bhiriben is 20.03.2003,
which is evident from the certificate issued by the school, Rabaran Salary Central School, Amirgadh, Dist. Banaskantha. It clearly appears that the
petition was preferred when the corpus Bhiriben was minor.
Pursuant to the notice issued by this Court vide order dated 06.11.2020, the police authorities made attempts to trace the corpus. As per the record
of this petition, corpus Bhiriben was produced before this Court for the first time on 28.01.2021. At that time also, she was minor. Thereafter, the
matter was adjourned to 05.02.2021, wherein this Court passed the following order -
“1. Pursuant to the order dated 28.01.2021, the details which have been furnished by the police is to the effect that in the year 2001, elder sister of
the corpus was born on 28.12.2001. She unfortunately survived only for 15 days; whereas, the birth date of the corpus is 20.04.2003. Hence, presently
also she is a minor.
We had conversed with the parents, who are keen to take her back. Whereas, the girl who is presented through the video conference from District
Court, Palanpur is not keen to join her parents. She is happy to be at Women Shelter Home, Palanpur and is keen to carry out the agricultural
activities.
If there is space at Women Shelter Home, the Administrator can facilitate her working with garden and also growing vegetables, fruits etc. Let her
keenness and passion for agriculture be utilised in a constructive manner, which may also give way for others to learn and make the unit self sufficient
so far as the vegetables and fruits are concerned.
The authority may see the possibility of development that as one of the skills of vocational training for the inmates. If required, the District Legal
Service Authority, Banaskantha at Palanpur can also join hands in helping these girls to develop this as a skill, which eventually can make them self-
reliant and can also help in earning livelihood for themselves.
The matter is being posted after four weeks on 04.03.2021.
The attempt shall also be made of giving some formal education to the corpus as she has not studied at all. 7. We appreciate the presence of
learned 7th Additional Sessions Judge, Banaskantha at Palanpur, Ms.Asodia in conducting this matter.â€
Thereafter, orders dated 04.03.2021 and 22.04.2021 were passed and ultimately, on 04.05.2021, this Court passed the following order -
“Pursuant to the order dated 22.04.2021, Corpus is present before us through Video Conference from the office of the District Court, Palanpur.
She has been brought from the Shelter Home, Palanpur by the Superintendent. Corpus has stated before us that she does not wish to go with her
parents i.e. petitioner and would like to go with Pappubhai Punabhai Pisra. We have been informed that Pappubhai Punabhai Pisra is at present in Jail
pursuant to an FIR lodged by the petitioner registered under Sections 363, 366 and 114 of the Indian Penal Code. In the previous order of this Court it
has been recorded that the Corpus has attained the majority on 20.04.2021. It has also come on record in the previous order that Corpus is carrying
pregnancy of five months and there are also order to the effect that Superintendent of Shelter Home, Palanpur would ensure that the Corpus is
provided medical aid and consulting with the Gynecologist and also provided nutritive diet, vitamins as per her medical conditions. Corpus has also
expressed her willingness to continue to reside in the Shelter Home, Palanpur till such time Pappubhai Punabhai Pisra is released and then she can go
with himin his company.
Accordingly, we adjourn the matter for four weeks. Let be listed again before appropriate Court on 08.06.2021. Corpus to be produced again through
Video Conference on the said date. The Superintendent, Shelter Home, Palanpur will ensure the presence of the Corpus. Medical treatment as
already directed in the previous order will continue to be provided, for which, Superintendent, Shelter Home, Palanpur will take appropriate steps.â€
Pursuant to the order dated 08.06.2021, the corpus Bhiriben is produced before us from the chamber of Mr. Ziba, learned Secretary, DLSA,
Banaskantha at Palanpur.
Mr. Ankit Bachani, learned advocate appearing for respondent no.5 has appeared even though on leave note and has drawn attention of this court
to the affidavit of respondent no.5 and has contended that now respondent no.5 Pappubhai has been enlarged on bail by the competent court on
19.05.2021.
With the able assistance of Mr. Ziba, we have interacted with the corpus who come with the little child.She has expressed her desire to join
Pappubhai, respondent no.5. In view of the wish expressed by the corpus and considering the fact that the corpus is now major, her wishes would now
prevail and she would be permitted to act as per her wish. The police authorities shall drop corpus along with little child at the residence of respondent
no.5 as mentioned in the petition. Mr. Ronak Raval, learned APP shall do the needful.
In view of the aforesaid, it cannot be said that corpus Bhiriben is in illegal confinement of anybody including respondent no.5. The petition therefore
fails and is hereby dismissed. Notice discharged.
Services rendered by Mr. Ziba, learned Secretary, DLSA, Banaskantha at Palanpur is appreciated by this Court.