(Per : HONOURABLE MR.JUSTICE A.L.DAVE) 1 Pursuant to our Order dated 12th June, 2012, the respondent No.4 - Devtadheen Yadav, respondent No. 5 Kaushyladevi Devtadheen Yadav, respondent No.6 Pradeep D. Yadav and respondent No.7 Sandeep D. Yadav are before us. We have talked to Mr. Devtadheen Yadav - respondent No. 4. He states that he and his family have accepted the matrimonial relationship of respondent No.3 and the corpus. He is engaged in Trade Union activity. One of his son is engaged in manufacture of garments on a small scale and his another son is working. They are both married and their's is a joint family. He is conscious about the pregnancy of the corpus and he indicated to the Court that he is ready and willing to take care of the corpus.
2 We have also talked to the petitioner through his Advocate and it is indicated to us that the petitioner is insisting for the custody of the corpus at least till the respondent No.3 is released from custody, who has been arrested on account of an FIR lodged by the petitioner.
3 We have talked to the corpus. The corpus states that she is married to respondent No.3. She is pregnant by seven months and she is firm on not going with the petitioner. We have talked to her and put all these possible consequences to the corpus but she is firm on not going with the petitioner.
We have also explored the possibility of sending the corpus to Nari Gruh, but the corpus says that she feels suffocated and it would be difficult for her to survive. She had on last occasion indicated that she would like to stay with her in-laws - respondents No. 4 to 7, and that is why, we had passed the order, requiring the respondent No. 4 to remain present before us.
The corpus has indirectly indicated that her life may end, if, she is asked to stay at a place other than the in-laws. We hear a ring of seriousness in her say.
4 In light of above development, at this stage, a request is made by learned Advocate for the petitioner to permit the petitioner to withdraw this petition and not to insist for the corpus to go and stay with the petitioner.
5 In our view, ends of justice would be better served if such permission is given rather than passing an order of rejection. We are happy that wisdom has prevailed and wellbeing of corpus and her child in womb is protected.
6 Since the corpus is brought from Nari Gruh, she will be permitted to go to the house of respondent No.4 after following necessary formalities.
7 In view of above, the petition stands disposed of accordingly. Notice is discharged. A copy of this Order shall be supplied to the learned APP forthwith for necessary action.
(A.L.
DAVE, J.) (A.J.
DESAI, J.) pnnair Top