Shobhaben Mahendrabhai Devipujak vs Payalben

S.R. Brahmbhatt, J

The present petition is taken out for seeking writ of Habeas Corpus in respect of the corpus-Payalben, on the basis of the averments and allegations made in this petition.

The petitioner happens to be mother of the corpus. There are allegations against the respondent no. 2.

This Court issued Notice on 01st August, 2019 made returnable on 13th August, 2019 i.e. today.

The corpus has been brought before this Court and she has in unequivocal terms indicates that she is not being under any confinement or restraintment nor she has been inclined to join the petitioner at all.

Learned counsel for the petitioner submitted that the petitioner is present before this Court alongwith children of the corpus. The corpus's children have been looked after properly by the petitioner, and in case if the corpus is desirous of obtaining custody thereof, let the corpus prefers appropriate proceedings, as according to his instructions, the corpus as is not in accompany of her legally weeded husband, the respondent no. 2 also is a married man and he is sheltering the corpus as a friend only.

In that situation, the Court may not at this stage compel the petitioner to part with custody of the children in favour of the corpus, as it would not be in the interest of children.

This Court is of the considered view that, corpus has unequivocally indicated her desirous not to stay with the parents or legally weeded husband and she has also stated that she has not in any confinement or restraintment by anyone. We are not incline to pass any other order, but to dismiss the petition, as the allegations made in the petition cannot be said to be correct. The corpus is at liberty to act in accordance with law and as she is entitled to initiate the proceedings for the custody of children, if advised and in that eventuality, the same shall be decided in accordance with law. Notice is discharged.

It is made clear that this order shall not in any way aid or impede any proceedings in respect of the parties including criminal proceedings to be carried out by the parties and same shall be decided in accordance with law without being influence by present order.