(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. Pursuant to Rule issued herein, daughter of the petitioner, namely Afasan, has been produced by Police Sub Inspector of Vanthali Police Station. Her birth date is stated to be 15.4.1994. She has clearly and categorically stated in presence of her mother, the petitioner, and her counsel that she is not prepared to go with the petitioner under any circumstances on account of serious apprehensions about her safety and future. She asserted that she proposes to marry respondent No.2 regardless of his caste, community or status in life. It was, however, submitted by learned A.P.P. that respondent No.2 is presently lodged in prison at Junagadh pursuant to the complaint filed by her father for the offences punishable under sections 363, 366 and 114 of IPC.
2. It was submitted by learned counsel Ms.Meghna A.Patel, appearing for respondents No.3 to 6, that they are unable to provide safety and shelter to the daughter of the petitioner, particularly in absence of any instruction from respondent No.2 while he is in jail and in view of threats posed by parents of the corpus. It was, therefore, suggested at the bar that the corpus may be, for the present, ordered to be kept at Sishu Mangal Nari Samrakshan Gruh at Junagadh, at least till she attains the age of majority on 15.4.2012, and she has also preferred to live there rather than any other facility at Ahmedabad or in care of any relative.
3. Accordingly, the corpus is directed to be lodged at Sishu Mangal Nari Samrakshan Gruh at Junagadh, by escorting her to that place, with liberty to the administrators of that protection home to allow her to see and talk to only the persons with whom she wants to have any interaction. In the peculiar facts of the case, it is necessary that the corpus is provided adequate police protection, as and when necessary, even at the protection home, and thereafter when she proposes to leave that home or she is required to attend the Court or any police station at any time. Learned A.P.P. is requested to convey the gist of this order to Superintendent of Police, Junagadh for ensuring safety of the corpus and prevention of any untoward incident. In view of the desire of the corpus to live with respondent No.2 when she attains her age of majority and before that with any of his relatives who may be willing and capable of taking care of the corpus, it is left to the discretion of the managers of the protection home to take appropriate decision in that regard.
4. Learned counsel for the parties and learned A.P.P. having agreed to the aforesaid arrangement, the petition is disposed accordingly and, subject to the aforesaid directions, Rule is discharged with no order as to costs. A copy of this order shall be given to learned A.P.P. today.
Sd/-
( D.H.Waghela, J.) Sd/-
( N.V.Anjaria, J.) (KMG Thilake) Top