(Per : HONOURABLE MR.JUSTICE A.L.DAVE) The petitioner and corpus - Lilaben with twin daughters Charmi and Chandani are before us. The petitioner is represented by learned advocate Mr. Buch. State is represented by learned APP Mr. Kodekar. Respondent Nos.2 and 3, though served, have chosen not to appear before this Court.
2. We have talked to the corpus Lilaben. She states that after an order was passed in Special Criminal Application No.3146 of 2011 on 14.03.2012 by this Court rejecting the petition filed by respondent No.2 herein, they had approached the present petitioner and stated that they do no want any further dispute and persuaded her to join him at his place, that is how the corpus went to the house of respondent No.2. Corpus states that thereafter, her twin daughters were separated from her and corpus herself being manhandled and ill-treated. She also states that she was rescued by police on 01.06.2012 and was admitted to Nari Sanrakshan Gruh at Wadhwan and from there, she is brought to the Court today. She states that she wants to go and stay with the petitioner along with her two children and does not want to stay with respondent No.2 for the reasons of ill-treatment and manhandling. She also indicated that respondent No.2 has planned to get her married to somebody else by separating from her twin daughters.
3. What is stated by the corpus is supported by learned APP on instructions from PSI Mr. N.R. Gamit, who states that the corpus was rescued on 01.06.2012 by a team of police officers headed by ASI Mr. G.B. Rana.
4. The allegations made in the petition are fully established by what is stated by corpus. Respondent Nos.2 and 3 have chosen not to contest this petition. The petition, therefore, deserves to be allowed and is allowed and corpus is permitted to go and stay with the petitioner.
5. Before parting, we would like to observe that the situation, so far as safety and security of the petitioner and the corpus and their minor children are concerned, appears to be quite delegate and it would not be unreasonable to expect the authorities of the State to take care of their protection. The learned APP is requested to convey this feeling to the authorities concerned.
6. A copy of the order will be provided to learned APP today.
Sd/-
[A.L.
Dave, J.] Sd/-
[A.J.
Desai, J.] #MH Dave Top