The court recognized the independent decision-making capacity of the corpus, allowing her to live with the petitioner based on her expressed wishes.

ORDER :

A.Y. KOGJE, J.

1. In response to the Notice issued by this Court under order dated 09.01.2025, the corpus is present before the Court through respondent No.4. Though the matter was listed on 22.01.2025, upon urgent mentioning being made by the learned APP that the corpus has been brought from Rajasthan, the matter is taken up today with prior intimation to the parties. The respondent No.5 is present before the Court but does not desire to engage an Advocate.

2. At the request of all, the matter is taken up in Chamber to ascertain the wishes of the corpus. Learned APP has placed a report dated 17.01.2025, which is taken on record. The Court has interviewed the corpus. She has completed Graduation and appears to be well-educated and capable to take independent decisions, as she was also doing job in a private firm. She has stated before the Court in presence of the learned advocates as well as respondent No.5 that she has been married to the petitioner and has therefore, accepted him as his legally wedded husband but, this relationship was not acceptable to her family members and therefore, they all had migrated from Ahmedabad to Rajasthan. She has expressed her desire to go along with the petitioner.

3. The Court has, thereafter, permitted the respondent No.5 and the corpus to interact with each other and once again, the wishes of the corpus were ascertained. She has deeply pondered over the decision and as she was in relationship with the petitioner since five years, she has full faith and confidence in him. She has explained the same to her parents also. She has re-confirmed that she desires to go in company of the petitioner.

4. The petitioner, who is before the Court, has stated that he shall take due and proper care of the corpus as he also treats her to be her legally wedded wife. The petitioner shall file an Undertaking before the Court on or before 22.01.2025.

5. Lastly, learned advocate for the petitioner has raised concern with regard to the safety and security of the corpus as well as the petitioner. Therefore, it is observed that learned APP may provide for safe passage of the petitioner and the corpus for enabling them to reach their destination.

6. In view of the aforesaid, the petition stands allowed to the aforesaid extent.