(PER :
HONOURABLE MR.JUSTICE A.J.DESAI)
1. By way of the present two separate applications, a prayer has been made to recall / modify the order dated 3.7.2012 passed by this Court in Special Criminal Application No.1761 of 2012 by which corpus Vaishali daughter of Dhirendrabhai Parmar was sent to Sisu Mangal Trust at Junagadh since the corpus was not ready to go with her parents at that time when the Habeas Corpus petition was filed by the parents of the Corpus.
2. Criminal Misc. Application No.17674 of 2012 has been filed by the parents of the Corpus whereas Criminal Misc. Application No.18353 of 2012 has been filed by one Pratik Mohanbhai Modha who asserts that Corpus has married to him and have prayed that the Corpus had written letters to both the parties that she does not want to live in Sisu Mangal Trust at Junagadh and wants to live with either of them.
3. Pursuant to the order dated 8.1.2013 passed by us, the Corpus is produced before us by Mr. Hasambhai Kanabhai, Head Constable, Police Headquarter, Junagadh and Ms. Madhuben Ranabhai Karamta, Lady Police Constable, Junagadh Mahila Police Station.
4. We have ascertained the wish of the Corpus. She is aged about 17 years and 7 months and wants to live with her parents i.e. Dhirendrabhai Parmar and Bhartiben Dhirendra Parmar. Since the Corpus has shown her willingness to go with her parents, Criminal Misc. Application No.17674 of 2012 is hereby allowed. Corpus - Vaishali daughter of Dhirendrabhai Parmar is permitted to go with her parents i.e. Dhirendrabhai Parmar and Bhartiben Parmar from the Court itself. Since the Corpus had shown her willingness to go with her parents, Criminal Misc. Application No.18353 of 2012 filed by Pratik Mohanbhai Modha is dismissed.
5. A copy of this order be made available to the Police personnel who are present in the Court.
Sd/-
(V.M.SAHAI, J.) Sd/-
(A.J.DESAI, J.) Savariya Page 2 of 2