'Earmark Share Of The Corpus And Her Child In Family Property' Gujarat HC Gave Unprecedented Order In Habeas Corpus Proceeding [Read Order]

The bench of Justice Sonia Gokani and Justice N. V. Anjaria also talked to the corpus, who was produced before the court. The court observed that she had no complaints and was, in fact, willing to continue to reside with the parents of the respondent no.4 (the boy).

Proceedings before the court

Ms. Kanan Desai, Deputy Superintendent of Police, Limkheda was also present before the court and according to her, the father of the corpus was oscillating.

He agreed to enter into the compromise with the parents of the boy and thereafter he left for Surat under the pretext that he needs to carry on his work of labour.

She (Ms. Kanan Desai) also conveyed to the Court that the parents of the boy were ready to part with the money and mutate the names of the corpus and her son in their land by way of acceptance of her right as a part of the family.

Advocate Ms. Desai, on instruction, submitted that the father of the corpus (who was the complainant and the petitioner in the matter) wants his daughter's future to be secured.

Court's Observation and Directions

Noticing the fact that the attempts to bring about the amicable settlement between the parties had not materialized so far, due to oscillation on the part of the parents of the corpus, the court (through video conference) conversed with the mother of respondent no.4 (the boy) as his father could not make it due to ill health.

The mother of the respondent no.4 (the boy) volunteered to part with a good amount in favour of the corpus and her son and also mutate her name after recognizing her right in some parcel of land which they own.

In view of this development, the Court directed gave the following direction:

1- The registration of birth of the child with the name of mother and father both;

2- The bank account of corpus shall be opened in the near future;

3- The parents of the boy since have volunteered to give a fixed amount to the petitioner herein, let the said amount deposited in the bank account of the corpus within three weeks.

4- So far as the separating and earmarking the share of the corpus and her child, the entry should be mutated in the Revenue Record. The proof of which shall be produced on the next adjourned date.

5- The undertaking shall also be furnished by the parents of the boy before this Court for looking after the corpus and her child.

The court further said,

"Any assistance required for bringing the documents or executing what had been volunteered by the parents of the boy, we have requested Mr. Brahmbhatt, learned Presiding Judge at Limkheda to extend the assistance to the police force so also to the corpus, if required. The Taluka Legal Services Authority or District Legal Services Authority shall be approached, if required."

The matter was posted for further hearing on 21.09.2020.

Case Details:

Case Title: Vechatbhai Gopabhai Bariya v. State Of Gujarat

Case No.: Special Criminal Application no. 4325 of 2019

Quorum: Justice Sonia Gokani and Justice N. V. Anjaria

Appearance: Advocate Dipmala S. Desai (for the Applicant No. 1); Addl. Public Prosecutor Manan Mehta (for the Respondent No. 1)

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