(Per : HONOURABLE MR.JUSTICE A.L.DAVE) The police has produced the corpus as well as respondent No.2 before us.
We have talked to the corpus. She states that she is in love with respondent No.2 and it was at her insistence respondent No.2 joined her when she left the house of her parents. She states that she has left with respondent No.2 and is staying with him of her own will and volition. There is no restriction on her. She is free to move wherever she likes to and would like to stay with respondent No.2.
We have talked to respondent No.2 also. He states that his parents have accepted his relationship with the corpus. He is working as a skill-labourer. His father also is working as skill-labourer and can look after the corpus well.
The corpus has been medically examined and the Medical Officer, GMERS Medical College Hospital, Sola, Ahmedabad has certified in his Certificate MLC No.1032 of 2012, dated 10th May 2012 about examination of corpus mentioning the details of such examination. The corpus has a live foetus of sixteen weeks and three days maturity.
We are taking this certificate on our record which is supplied to us by learned Additional Public Prosecutor which he received through PSI, Sahera.
Having talked to the corpus, we are satisfied that there is no element of forced taking away of the corpus by respondent No.2 nor is there any element of forced or unauthorized confinement or detention. In this set of circumstances, we are of the view that petition is not maintainable and we, therefore, dismiss the petition. Notice is discharged.
[A.
L. DAVE, J.] [N.
V. ANJARIA, J.] Amit Top