(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. Pursuant to the notice issued herein, the corpus, Ms.Radha, aged 12, is produced before the Court and she has stated that she had gone to the place of one Ashaben out of her own wish and compulsion and she has not been confined in the police station as alleged in the petition. During the course of hearing, it was revealed by the petitioner, who was personally present, as also the brother of the corpus, that the petitioner's husband has passed away, that she has the responsibility of the whole family consisting of young children, none of whom is being educated and they are not having even proper shelter. It was also revealed that the corpus was in danger of being married off at the instance of the petitioner or other acquaintances, even by force or against her will and in violation of the provisions of the Prohibition of Child Marriage Act, 2006.
2. Therefore, it was requested by learned counsel Mr.S.J.Dave and conceded by learned A.P.P. that the family of the petitioner was required to be duly protected and provided care and support as far as possible by the State and its functionaries concerned. It was, therefore, submitted that necessary direction may be issued to the Collector, Himmatnagar to ensure that the petitioner and her family are afforded all the benefits to which they may be entitled under various welfare schemes of the Government and to see that young children of the petitioner are inducted in the nearest school for initiating their education at the appropriate level. Learned counsel Mr.Dave submitted that local advocate Mr.Vinodbhai A.Patel will help the petitioner in pursuing the claim of the petitioner's family and provide necessary support for complying with the necessary formalities for availing benefits of the welfare schemes and ensure that in case of violation of any of the fundamental rights of the petitioner, including the right to education of the petitioner's children, make necessary complaint and bring the matter to the notice of this Court through learned counsel Mr.S.J.Dave. Respondent No.2, the Police Inspector of Prantij Police Station, who was presonally present in the Court, has assured the Court that he will look-after the safety and security of the petitioner's family and prevent any offence being committed in respect of them, in view of the vulnerability of the petitioner's family.
3. Since the corpus has expressed her wish and willingness to return to her mother, she is directed to be placed in custody and care of the petitioner. Subject to the above observations and directions, the petition is disposed and notice is discharged, with no order as to costs.
A copy of this order shall be served upon the Collector, Himmatnagar.
( D.H.Waghela, J.) ( N.V.Anjaria, J.) (KMG Thilake) Top