(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. Pursuant to the rule issued herein, the corpus, namely, Suhag, aged 24, is produced before the Court. The petitioner as well as respondent no.1 are also personally present and identified by learned counsel. It was admitted that respondent no.1, aged 33, is married and settled in his family with two children. Learned counsel, Mr.Chaumal, appearing for the petitioner submitted, on instructions, that his daughter Suhag was willing to go to and live with her parents and the petitioner is ready and willing to receive her back in his family without any threat or coercion. Learned counsel assured the corpus and the Court that the petitioner will take proper care of his daughter and will not offer any cause for complaint to her. Respondent no.1 stated that he would keep away from the corpus and will not try to establish any communication or relation with the corpus in view of his own status as a married person and in case he tries to continue any kind of relationship with the corpus necessary action may be taken upon a complaint in that regard being filed by the petitioner.
2. The parties having reached an understanding as aforesaid, the petition does not survive for any further orders. Accordingly, it is disposed and Rule is discharged with the direction that the amount of Rs.5,000/- deposited pursuant to previous order dated 19.12.2011 shall be refunded to the petitioner by an account payee cheque in his name through his learned advocate.
(D.H.Waghela, J.) (N.V.Anjaria, J.) *malek Top