Sarojben Babubhai Patel vs State Of Gujarat & 4

(PER : HONOURABLE MR.JUSTICE KS JHAVERI) 1 RULE. Ms. Chetna M Shah, learned Additional Public Prosecutor, waives service of notice of Rule on behalf of respondent­State.

2 Pursuant to the order dated 02.05.2016, passed by this Court, the Corpus is brought before the Court Page 1 of 3 HC-NIC Page 1 of 3 Created On Wed May 04 03:54:11 IST 2016 R/SCR.A/1871/2016 ORDER today. The petitioner has shown reluctance to file an affidavit. The conduct of the petitioner is required to be viewed very seriously and the Court has viewed the same seriously.

3 However, looking to the helpless condition of the Corpus, she is willingly prepared to go with the mother. However, we direct that pursuant to the handing over of the custody of the Corpus to the petitioner, if any misconduct is done by any of the family member, it will be open for the Corpus to immediately file a complaint to the Police and the Police shall take necessary action under the Domestic Violence Act, against the erring persons. 4 With this observation, the Custody of the Corpus is handed over to the mother. The Police shall hand over the custody of the Corpus at her residence. 5 Rule is made absolute, accordingly.