ORDER : ANANT S. DAVE, J. 1. Heard. learned advocate for the respective parties. 2. The petitioner has filed this writ-petition under Article 226 of the Constitution of India with a prayer to issue a writ of Habeas Corpus or any other direction so as to direct the respondent no. 2 to produce the corpus - respondent no. 3 and their child a baby boy before this Court. 3. Before we proceed to record certain facts initially, oral order dated 31.05.2017 passed by this Court is produced herein below. “In pursuance to the order dated 23/05/2017, the corpus is produced before this Court. The respondents are also present. During the deliberation with the corpus and her parents i.e respondent nos. 4 and 5, it appears that indisputably as on date the corpus is aged about 17 years and nine months and thus, she has not attained the age of majority. She has expressed her desire to go with the parents of the petitioner. However, being less than the age of majority and considering the fact that until the age of 18 years, father is lawful guardian of a minor under the Guardianship and Wards Act, the corpus cannot be permitted to go with the parents of the petitioner without consent/of respondent no. 4. This position of law was explained to the corpus and she has agreed to stay with her parents until the date of attaining the majority i.e 07/09/2017. The corpus was also given option to stay at Nari Sanrakshan Gruh against which she has expressed the reservation about her safety and thus she has not been sent to Nari Sanrakshan Gruh. Under the above circumstances, the corpus has expressed her willingness to stay with her parents until the date of attaining the age of majority i.e 07/09/2017. Accordingly, custody of the corpus is ordered to be given to respondent no. 4 until 10/09/2017 and on 11/09/2017, the corpus shall be produced again before this Court. During the deliberation, respondent no. 4, father of the corpus, stated that he desires to settle the matter after consulting his counsel who as on date is not present. It is brought to the notice of this Court that new born aged about four months is with the sister of respondent no. 4 as admitted by respondent no. 4. Respondent no. 4, father of the corpus, stated that he desires to settle the matter after consulting his counsel who as on date is not present. It is brought to the notice of this Court that new born aged about four months is with the sister of respondent no. 4 as admitted by respondent no. 4. Respondent no. 4 states that the custody of new born will be handed over to the corpus-Hinaben within a week from today. It is directed that, if such custody is not given within a week from today to the corpus, respondent no. 2 will ensure custody of new born to the corpus, thereafter. With the aforesaid interim order, the matter is ordered to be posted for further hearing on 11/09/2017. Direct service is permitted.” 4. Thus, it is born out as per the above order that at the relevant point of time, infant was about four months and that corpus had not attended 18 years and therefore, the matter was adjourned and it was heard accordingly on 15.09.2017 On that day, the corpus was present with her baby boy aged about 8 months and was allowed to stay with her parents till preliminary inquiry is made by the concerned Police Authority about family background and residence of the petitioner. 5. Today, parents of the petitioner as well the corpus are also present in the Court. 6. Today, the learned Additional Public Prosecutor has produced the record of preliminary in nature of inquiry made by Meghaninagar Police Station, Ahmedabad City which reveals that the petitioner and his parents are daily wagers and earning their livelihood accordingly and having permanent residence at Ahmedabad and no criminal antecedent. The corpus who is present with her infant before this Court has expressed her willingness to stay with the petitioner with whom she has entered into relationship and now out of such relationship, a child is born. 7. Considering totality of the circumstances and desire of corpus to stay with the petitioner and that both of them are major and now, child is born out of relationship and that parents of the petitioner have assured that they would provide all care and protection to corpus and her infant, we are inclined to allow the corpus to join and stay with the petitioner and accordingly, this writ-petition is disposed of. Rule is made absolute.