( 1 ) RULE, Mr. Supheia, learned Advocate, waives service of rule for respondent No. 1. Mr. K. P. Raval, learned A. P. P. , waives service of rule on behalf of respondents Nos. 2 and 3.

( 2 ) REAL maternal aunt of minor Tarlika (minor for short) has moved this court under Art. 226 of the Constitution of India to issue a writ of Habeas corpus against respondent No. 1, father of minor, and produce her before the Court, ascertain her wish as to with whom she is willing to reside, i. e. , with maternal aunt or with the petitioner, and on ascertaining her wish, necessary orders be passed.

( 3 ) IT is necessary to refer to certain facts, which, in our opinion, are most relevant and material for the purpose of deciding this petition. Minor is the first child, aged about 16 years, of respondent No. 1. When minor was aged about four years, her mother had died. Minor had another younger sister named Priti. In view of the tender age of both the daughters, it appeared that the respondent No. 1 arrived at an arrangement with the petitioner, a real maternal aunt of the minors, to the effect that minor tarlika will stay with the petitioner and minor Priti shall stay with respondent No. 1.