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2017 DIGILAW 1623 (GUJ)

Janakba Mobatsang Padhiyar v. State of Gujarat

2017-09-11

A.S.SUPEHIA, HARSHA DEVANI

body2017
ORDER : HARSHA DEVANI, J. 1. Vide order dated 22.08.2017, this court after obtaining the consent of the minor Jyotiba, who was not willing to with her parents, had deemed it proper to handover the custody of the minor to her maternal grandmother - Jayaba Vajubha Solanki, subject to certain conditions. 2. By this application, the applicant seeks permission to permit minor Jyotiba to stay with her uncle - Abhesang Gagjibhai Padhiyar and her aunt - Sarojba Abhesang Padhiyar, who are residing at Village Rajsitapur, Taluka Dhrangadhra, District Surendranagar. 3. Heard Mr. B. M. Mangukiya, learned advocate for the applicant and Mr. J.K Shah, learned Additional Public Prosecutor for the respondents. 4. From the averments made in the application, it appears that the grandmother of the minor has expressed an apprehension that she may not be able to properly maintain the custody of the minor and has requested the applicant-original petitioner to make alternative arrangements. Pursuant thereto, the applicant has requested her brother-in-law i.e younger brother of her husband, Abhesang Gagjibhai Padhiyar to keep the minor with him. The minor's paternal uncle as well as the aunt have agreed to maintain the custody of the minor till she attains the age of majority and have also assured us that they would take good care of her. Minor Jyotiba is present before the court and the court has ascertained her desire and she has willingly consented to reside with her paternal uncle and aunt. 5. Under the circumstances, having regard to the facts stated in the application, the court is of the view that in the interest of the minor, the application deserves to be allowed and is, accordingly, allowed in the following terms: Jayaba Vajubha Solanki, maternal grandmother of minor Jyotiba is directed to handover the custody of minor Jyotiba to her paternal uncle - Shri Abhesang Gagjibhai Padhiyar, residing at Village Rajsitapur, Taluka Dhrangadhra, District Surendranagar. Shri Abhesang Gagjibhai Padhiyar shall take good care of the minor, including providing her medical treatment as she is found to be pregnant. Shri Abhesang Gagjibhai Padhiyar shall also ensure that minor Jyotiba is not pressurized in any manner by her parents or any other family members. 6. Shri Abhesang Gagjibhai Padhiyar shall take good care of the minor, including providing her medical treatment as she is found to be pregnant. Shri Abhesang Gagjibhai Padhiyar shall also ensure that minor Jyotiba is not pressurized in any manner by her parents or any other family members. 6. The District Social Defence Officer, Surendranagar will make periodical visits to the residence of Shri Abhesang Gagjibhai Padhiyar, residing at Village Rajsitapur, Taluka Dhrangadhra, District Surendranagar, and inquire about the well being of the minor Jyotiba and in case anything adverse comes to his notice, he shall forthwith report the same to this court. 7. Registry to forthwith provide a copy of this order to Mr. J.K Shah, learned Additional Public Prosecutor.