(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA) Pursuant to the notice of rule issued herein, the corpus has been produced as also respondent No.3, who claimed to be aged 30 and married to daughter of the petitioner, the corpus. A copy of the certificate dated 2.9.2011 of Registration of Marriage issued and signed by Marriage Registrar, Ward Girdharnagar, Ahmedabad Municipal Corporation and bearing No.1339/11 has been produced by learned advocate Mr.Jayesh Kotecha, appearing for respondent No.3. As it is contended in the petition that the daughter of the petitioner was already married off by her father to one Dhanraj Narsharam Dadaliya, living in Rajasthan, he was permitted to be joined as respondent No.4 and the petitioner undertook to call him for remaining personally present before this Court. In the meantime, the corpus was ordered to be kept at Nari Sanrakshan Gruh at Odhav.
Today learned counsel Mr. P. A. Bhatt, appearing for the petitioner, submitted, on instructions, that respondent No.4 is not willing to come before the Court and if his daughter has married respondent No.3, she may be permitted to live with him.
Ms.
Bhavnaben, the corpus, was asked about her wish and she has clearly stated in presence of the petitioner and his counsel that she has duly married respondent No.3 and she wants to live with him and does not want to talk to or go to the place of the petitioner, regardless of the allegations of several offences against her husband, the respondent No.3. She has also categorically stated that she has not consciously or legally married respondent No.4.
Under the circumstances, the petition is disposed with the direction that the petitioner's daughter viz. Bhavnaben, aged 21, may be permitted to choose her course of action and may not be forced to live with Nari Sanrakshan Gruh. Subject to that, rule is discharged with no order as to costs. Direct service permitted.
Learned counsel Mr. P. A. Bhatt has assured the Court and the respondent, on instructions of the petitioner, that his daughter shall be free of danger or any recrimination as far as the petitioner is concerned.
[D.
H. WAGHELA, J.] [N.
V. ANJARIA, J.] Amit Top