(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. Pursuant to issuance of Rule, daughter of the petitioner, namely, Kundan, aged 24, has remained present with her husband, respondent no.4. Upon being asked in the open Court and in presence of the petitioner, she has stated that she is duly married to respondent no.4, of her own volition and without any coercion, and she wants to live with her husband and does not want to talk to the petitioner at present. Learned counsel, Mr.C.B.Raval, appearing for respondent no.4 stated, on instruction, that respondent no.4 is not otherwise married to anyone after his first wife having passed away.
2. Under the above circumstances, the petition clearly appears to have been based on incorrect allegations and apprehensions. Therefore, it is dismissed with cost quantified at Rs.5,000/-, which is deposited by the petitioner pursuant to previous order and which shall now be paid to the corpus, namely, Kundankumari, wife of respondent no.4, by a cheque in her name through advocate, Mr.C.B.Raval. Rule is discharged.
(D.H.Waghela,J.) (N.V.Anjaria, J.) *malek Top