GITABEN Vs. STATE OF GUJARAT
LAWS(GJH)-2020-9-54
HIGH COURT OF GUJARAT
Decided on September 08,2020

Gitaben Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

SONIA GOKANI,J. - (1.) On 01.09.2020, we passed following order, when the corpora- Bhavna and Hasti were produced before us: "1. In this petition, under Article 226 of the Constitution of India, seeking writ of habeas corpus or any other appropriate writ, this Court had issued notice on 01.07.2020. On 31.07.2020, we had directed a Sr. Police Officer of the rank of DCP, subject to the decision of the Commissioner of Police, to take over the task of production of corpus before this Court. Mr. Deora, DCP, took over the task and he also was asked to remain present before this Court through video conference on the next scheduled date, i.e. 24.08.2020. He had ensured to produce the corpus in about 10 days time and accordingly, today, the corpora, Bhavna and Hasti , are produced before this Court through video conference, arranged by the learned PDJ, Rajkot, Shri. Uttkarsh Desai. 2. Though, the learned PDJ has ascertained the well-being of the child, namely Hasti, it appeared that she was not ready to speak to the Court. She looked petrified and even in break out room, she remained uncomfortable. DCP, Mr. Deora, stated that yesterday night, the custody of the girl, Hasti, has been handed over to his father and he is extremely happy to get the child back. 2.1 So far as the corpus-Bhavna is concerned, she is not ready to join her family. She has been counseled by DCP, Mr. Deora, and thereafter, she also has been persuaded by the Court. We request learned PDJ, Mr. Desai, to attempt mediation, considering the complexity of relationship and the dissatisfaction amongst the family members on account of the step taken by the husband of Gitaben and Bhavana being the real sister, insisted on joining Arvindbhai. In wake of the fact that the fate of Arvindbhai is uncertain, it is desirable to SEND Bhavna to Women Protection Home, after CONDUCTING Covid-19 virus test on her, where, the concerned Superintendent / Administrator shall be intimated to take good care of her, not only food and physical health-wise but also of her mental health. 2.2 Let her be CALLED by the learned PDJ, Mr. Desai, along with her family members for counseling. 2.3 Bhavnaben shall be, once again, PRODUCED before this Court on 10.09.2020 and till then, she shall be continued to be counseled, keeping in mind the fragile relationship and also her inclination towards Arvindbhai. 3.2 DCP, Mr. Deora, has ensured the Court that best possible counseling, at the end of the police authority in COORDINATION with the psychiatrist / psychologist, shall be provided to her. 3.3. As stated above, learned PDJ, Mr. Desai, shall DECIDE the schedule of meeting for counseling / mediation. 3.4 The police authority shall coordinate in bringing the corpus before the learned PDJ for counseling, as may be scheduled by him. 4. S.O. to 10TH SEPTEMBER, 2020."
(2.) We notice that the learned Principal District Judge, Shri. Utkarsh Desai, pursuant to the request made by us, had called the corpus- Bhavna and her family for the purpose of counseling / mediation. We have taken note of the communication that has been received by the Court Master, Dated: 07.09.2020, that the learned PDJ had called the Corpus- Bhavna along with her sister-Gitaben and her brother-in-law, Arvind so also the parents of the corpus on 04.09.2020 at the Court premises. 2.1 After marathon efforts on the part of the learned PDJ, it appears that the parties have understood the repercussions, which loom large over the two families, if, the corpus-Bhavna and her brother-in-law, namely Arvind, i.e. the husband of her sister-Gitaben, continued their relationship. After much persuasion, the corpus-Bhavna has shown willingness to return to her parental home and Arvind also has shown willingness to re-unite with his wife-Gita and children, namely Hasti and Prince. The parents of the corpus have also agreed to take her back and the Arvind also has shown to discharge his matrimonial obligations towards wife-Gita and the parental obligations towards his kids. 2.2 It is communicated by the learned PDJ that the tempest which was hovering over, appears to have subsided and both the family have breathed a sigh of relief. The corpus-Bhavna, since, was sent to the Women Protection Home, her parents were also desperate to take her back, and therefore, a request was made to take the corpus-Bhavna back. 2.3 Pursuant to the said report, today, we had also called the corpus- Bhavna, her sister-Gita, her brother-in-law-Arvind so also her parents before this Court. What is culling out from the communication that has been sent to this Court on 07.09.2020 by the learned PDJ that both the sides have agreed to resolve all the issues amicably and to act accordingly. This shall also necessitate working out a solution, as the father is also desirous to see that a solution is arrived at in the best interest of his daughters. The sister of the corpus, namely Gitaben, appears to be little hesitant in her desire to join the family of her husband. However, learned Advocate, Mr. Thaker, appearing for the petitioner ensures to workout all these aspects.
(3.) Since, the illegal custody of the corpus-Bhavna has now ended, we deem it appropriate to dispose of this petition with our immense appreciation for the learned PDJ, Shri. Desai, for all his endeavours and perseverance in resolving this matter, as this will save many lives and also brighten the future of the children which, otherwise, seemed bleak.;


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