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Helfer vs State

High Court Of Gujarat|13 April, 2012

JUDGMENT / ORDER

(Per : HONOURABLE MR.JUSTICE A.L.DAVE) Respondent no. 3 - Amit Simonbhai Christian and the corpus Veronica are before us, and are represented through learned advocate Mr. Chetan Raval. The petitioner is represented by learned advocate Ms. P.C. Fernandez.
The petitioner is father of the corpus. According to him, she is illegally confined by respondent no.3.
Having talked to the corpus, we find that there is no element of confinement or detention against her wish. She states that she is having an affair with respondent no.3, but is not able to marry him because he has not attained the age of twenty one years. Her relationship with him is accepted by the parents of respondent no.3, who has also come to the court today.
In response to our repeated queries, she has asserted that she does not want to go and stay with her parents, but wants to go and stay with the respondents nos. 3, 4, 5 and 6. She has attained majority. She therefore cannot be forced to go and stay with the petitioner. She is therefore free to go and stay with the respondents. The petition has to fail on account of absence of element of confinement or detention by private respondents. The petitioner is therefore dismissed. Notice is discharged. Rupees Ten Thousand deposited with the Registry shall be paid to the State Legal Services Authority.
(A.L.
DAVE, J.) (N.V.
ANJARIA, J.) (SN DEVU PPS) Top
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Title

Helfer vs State

Court

High Court Of Gujarat

JudgmentDate
13 April, 2012