(Per : HONOURABLE MR.JUSTICE A.L.DAVE) The corpus and respondent No.4 - Kanubhai Rajubhai Patni are present before us. The petitioner is also present before us. Learned Advocates are present.
2. We have talked to the corpus. Her date of birth is 13/11/1995. She is, therefore, not a major. We, however, find that she has grown well physically and mentally. We find from the dialogue that we have had with her that it was at her instance that respondent No.4 accompanied her. She also states that she wants to stay with respondent No.4 only and not with the petitioner. On being explained that as a minor, she has to stay with her natural guardian, the father, who is the petitioner, she states that she would commit suicide, if she is forced to do so. She has been explained possible situation where respondent No.4 may be arrested in which situation she would be left high and dry. She states that somewhat come, she would like to stay with him only.
3. We also understand that the date of birth of respondent No.4 is 12/09/1993. He is also, therefore, not competent to marry. He is engaged in labour work. He also appears to be deeply attached to the corpus. The corpus and respondent No.4 have been staying together for last about two months. They say that they have performed marriage rituals in a temple customarily, but the marriage is not registered.
4. Having explained about the pros and cons of the situation, the corpus is amply to go and stay in the Nari Saurakhshan Gruh till attaining majority.
5. In our view also admitting the corpus to Nari Saurakshan Gruh is the only viable option both legally and socially. This will provide her some solitude and sometime to think about her action in retrospect. This will free her from the influence of affection or prejudices.
6. Under the circumstances, we direct that the corpus be admitted to Nari Saurakshan Gruh, Odhav and will be kept there till she attains majority and thereafter she would be free to go where she likes. After the admission, till the corpus attains majority, she would be permitted to go and stay with her parents, if she so wishes. Similarly, during this time the authorities in the Nari Saurakshan Gruh will permit the petitioner and respondent No.4 to meet the corpus, provided the corpus is willing to do so.
7. The petition stands disposed of accordingly.
(A L DAVE, J.) (A J DESAI, J.) sompura Top