A major individual has the autonomy to choose their residence and cannot be compelled against their will, affirming the principles of individual rights and legal capacity.

ORDER : 

(A.Y. KOGJE, J.)

1. Present petition is filed for following reliefs;

A. Your Lordships may be pleased to issue a writ of Habeas Corpus or a writ in the nature of habeas corpus or any other appropriate writ, order or direction directing private respondent herein to produce the corpus “Priyanka” before this Hon’ble Court and further be pleased to handover the custody of the corpus “Priyanka” to the petitioner;

B. During the pendency and final disposal of the present petition, Your Lordships may be pleased to direct private respondent herein to produce the corpus “Priyanka” before this Hon’ble Court.

C. Pass any such other and/or further orders that may be thought just and proper, in the facts and circumstances of the present case.

2. The petitioner before the court claims to be husband of the corpus Priyanka who is daughter of respondent no.3, however, learned advocate Mr. Rohan N. Majmudar reports on that respondent no.3 has already expired, and therefore, the respondent no.3 will be represented by his wife namely Rekhaben Miteshbhai Raval, on whose behalf. he has instructions to appear.

3. The corpus is kept present in view of the advance copy served upon the office of the Public Prosecutor through the respondent no.2.

4. At the request of all, the matter is taken up in the chamber to ascertain the wishes of the corpus. The corpus is educated upto 10^th standard and is a major now and capable of taking her individual decision.

5. The court found the corpus to be hesitant in disclosing things in presence of the learned advocates, and therefore, the learned advocates were requested to step out and the court has thereafter interviewed the corpus in presence of learned APP Ms. Jirga Jhaveri.

6. The corpus has clearly indicated that she is not in any illegal confinement and out of her own will, she is residing with her mother and does not wish to go along with the petitioner.

7. She has also indicated to the court the certain differences that she had because of which, she is not inclined to go alongwith the petitioner.

8. Thereafter, the court has once again interviewed the corpus in presence of the learned advocates and she has reaffirmed her stand that she is not in any illegal confinement and that she is willingly residing with her parents and family.

9. No further orders are required to be passed. The corpus, being major, is permitted to go in company of her choice.