Gujarat High Court
Manubhai Pethabhai Dalit (Parmar) vs State Of Gujarat & 5 on 4 August, 2014
Author: Anant S. Dave
Bench: Anant S. Dave, Sonia Gokani
R/SCR.A/2989/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 2989 of 2014
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MANUBHAI PETHABHAI DALIT (PARMAR)....Applicant(s)
Versus
STATE OF GUJARAT & 5....Respondent(s)
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Appearance:
MR TUSHAR CHAUDHARY, ADVOCATE for the Applicant(s) No. 1
DS AFF.NOT FILED (R) for the Respondent(s) No. 2 - 6
MR JK SHAH, ADDL.PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE
and
HONOURABLE MS JUSTICE SONIA GOKANI
Date : 04/08/2014
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE ANANT S. DAVE)
1. Petitioner is father of the corpus, a minor, has filed writ petition under Article 226 of the Constitution of India seeking writ of habeas corpus to produce the corpus, daughter of the petitioner before this Court as she is illegally detained and confined by respondent no.4 and his relatives.
2. It is the case of the petitioner that he has filed FIR being CR.No.I-62 2014, was registered on 7.4.2014 with Madhavpura police station against unknown person alleging that on 29.3.2014 his daughter aged around 11 years, was forcibly and illegally taken Page 1 of 5 R/SCR.A/2989/2014 ORDER away by respondent no.4. It was noticed that by procuring and creating forged documents with regard to her date of birth, she was married with respondent no.4 and pursuant to that FIR being CR.No.I-No.56 of 2014 was registered with Deesa police station on 18.6.2014, whereby it is alleged that by obtaining a certificate dated 2.5.2014 issued by Medical Officer of General Hospital, Palanpur, certifying the age of the corpus between 19 and 20 years marriage was performed. That the above certificate was issued without examining the corpus by recognized medical norms including ossification test. On the basis of the above certificate, respondent no.4 filed affidavit and upon producing a declaration of his marriage with the corpus a certificate of marriage was obtained from concerned clerk from Deesa Municipality. The above two FIRs are under investigation and statements are recorded and perused by us.
3. Upon perusal of the record, it transpires that date of birth of the corpus as per the school leaving certificate issued by Principal of Nagar Prathmik Shiksan Samiti, Ahmedabad is 5.4.2013 and as per the birth certificate issued by registering authority under Registration of Birth and Death Act, 1969 by Ward Officer of Dudheshwar, Ahmedabad Municipal Corporation the date of birth of the corpus is 21.10.1999.
4. So both the above dates of birth of corpus indicate that she is not above 14 years, 6 months and Page 2 of 5 R/SCR.A/2989/2014 ORDER 13 days.
5. Under the circumstances, not only registration of marriage of corpus with respondent no.4 is prima facie illegal but all those who have aided, abetted and assisted in getting the marriage of corpus with respondent no.4 have committed offence for which FIR Cr.No.I-56 of 2014 is rightly registered before Deesa police station. Since investigation is in progress, it is desirable that not only respondent no.4 and his relatives are accused of FIR being Cr.No.I-56 of 2014 but investigating officer shall undertake thorough investigation by investigating the circumstances leading to issuance of certificate dated 2.5.2014 by Medical Officer of General Hospital, Palanpur, lawyers involved in subjecting corpus to rigor of getting through all illegal procedure including ritual of marriage, declaration of oath as notarized on 9.5.2014 before Shri D.A. Thakor, Notary of Deesa,the investigating officer shall submit the report by recording further statements of the corpus and upon medico legal examination of the corpus.
6. In view of the above, it clearly reveals that the corpus is not more than 14 years and unaware of the consequences of action taken by her. The mother of the corpus who is present in the Court though invited the corpus to come back and join the family, she expressed her reluctance. The peculiar behavior and conduct of the corpus requires to be regulated and corrected, at this stage, by keeping her in Page 3 of 5 R/SCR.A/2989/2014 ORDER observation home and, if need be, she is to be treated properly by a team consisting of a psychiatrist, a counselor or recognized NGOs for the time being so that care, safety and welfare of the corpus can be ascertained on the next date of hearing.
7. Keeping in mind socio-economic circumstances and the compulsion under which the corpus was abducted by respondent no.4 and in view of her reluctance to join the parents, at this stage, we are inclined to send the corpus, a minor to Vikas Gruh, Paldi, Ahmedabad.
8. The police officers accompanied by lady constable, who have brought the corpus before this Court are directed to give custody of corpus to Nari Vikas Gruh, Paldi, Ahmedabad till further orders. It will be open for concerned police authority to take the corpus for medico legal examination.
9. As we have come across various schemes floated by Department of Social Welfare and Empowerment of Women for victims of such cases, even for awarding compensation, even if investigation is in progress on the next date of hearing, the investigating officer may submit the report of the investigation so that proper order can be passed for awarding compensation, as the case may be. S.O to 25.8.2014.
(ANANT S.DAVE, J.)
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R/SCR.A/2989/2014 ORDER
(MS SONIA GOKANI, J.)
SUDHIR
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