Gujarat High Court
Utkarsh Sunil Trivedi vs Maitri Desai on 21 April, 2026
NEUTRAL CITATION
C/SCA/5466/2026 JUDGMENT DATED: 21/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5466 of 2026
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UTKARSH SUNIL TRIVEDI
Versus
MAITRI DESAI
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Appearance:
MR VINAYAK V GOSWAMY(13167) for the Petitioner(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 21/04/2026
JUDGMENT
1. Present petition is directed against impugned order dated 18.12.2025 passed by the learned Family Court, Valsad, whereby the application filed by the petitioner seeking counseling of minor daughters through a qualified child counselor has been rejected.
2. For admission of this petition, I have heard learned advocate Mr. Vinayak Goswamy for the petitioner.
3. Learned advocate Mr. Goswamy would submit that learned Family Court, Valsad in Family Suit No.91 of 2025 passed an erroneous order below Exh.18 rejecting the prayer of the petitioner seeking counseling of minor daughters through a qualified child counselor. He would further submit that the children have been living separately with their mother since the parties separated. The daughters, who are Page 1 of 8 Uploaded by SHEKHAR P. BARVE(HC00200) on Thu Apr 23 2026 Downloaded on : Thu Apr 23 21:51:20 IST 2026 NEUTRAL CITATION C/SCA/5466/2026 JUDGMENT DATED: 21/04/2026 undefined approximately 7 to 8 years of age, showed hesitance and reluctance in meeting their father. He would further submit that on 24th March, 2024, when the petitioner met the minor daughters in the presence of the mother and her family members, the daughters initially recognized their father and interacted with him, but thereafter distanced themselves.
3.1 To buttress his submission, learned advocate Mr. Goswamy relied upon judgment of the Hon'ble Apex Court in case of Selvaraj Vs. Revathi, (2024) 13 SCC 534 and submitted that the Court can pass an order for counseling of children in peculiar facts and circumstances of the case. He would further submit that in the present case, the photographs at Annexure B show the children appearing happy, however, subsequent conduct indicates that the children may have been influenced against their father, raising serious concern regarding parental alienation. He would further submit that the aforesaid scenario indicates that welfare of two minor daughters are at stake and therefore, both of them required counseling. He would further submit that welfare of children is paramount consideration in a child custody matter or where issue of visitation right involves.
3.2 Learned advocate Mr. Goswamy also relied upon the judgment of the Delhi High Court in case of Vikas Agarwal Vs. Geeti Mathur reported in MANU/DE/0366/2017. He would further submit that initially, under the visitation, the petitioner was able to meet the minor daughters and it was happy time for both the father and minor daughters, but then, the minor daughters started changing their behaviour and Page 2 of 8 Uploaded by SHEKHAR P. BARVE(HC00200) on Thu Apr 23 2026 Downloaded on : Thu Apr 23 21:51:20 IST 2026 NEUTRAL CITATION C/SCA/5466/2026 JUDGMENT DATED: 21/04/2026 undefined now, refused to meet the petitioner, which is unacceptable and perhaps it is a result of poison poured in the ears of two minor daughters by her mother.
3.3 Learned advocate Mr. Goswamy also relied upon the judgment of the Hon'ble Apex Court in case of Ruchi Majoo Vs. Sanjeev Majoo reported in AIR 2011 SC 1952 so also judgment of the Division Bench of this Court in case of Aparna Jigarbhai Vala Vs. State of Gujarat, 2024(1) GLH 1348 and the judgment of the Calcutta High Court in case of Antara, a non-profit Society and another Vs. the Hon'ble High Court at Calcutta, service through Registrar General, High Court rendered in WPA(P) 166 of 2002 and submitted that the learned Family Court has committed serious error in rejecting the application for seeking counseling of minor daughters through a qualified child counselor.
3.4 Upon above submission, learned advocate Mr. Goswamy prays to admit and allow present petition.
4. At the outset, let refer the nature of scope of the supervisory jurisdiction under Article 227 of the Constitution of India, which is enlightened in case of Garment Crafts Vs. Prakash Chand Goel reported in (2022) 4 SCC 181, wherein the Hon'ble Apex Court in para 15 and 16, held as under:-
"15. Having heard the counsel for the parties, we are clearly of the view that the impugned order is contrary to law and cannot be sustained for several reasons, but primarily for deviation from the limited jurisdiction exercised by the High Court under Article 227 of the Page 3 of 8 Uploaded by SHEKHAR P. BARVE(HC00200) on Thu Apr 23 2026 Downloaded on : Thu Apr 23 21:51:20 IST 2026 NEUTRAL CITATION C/SCA/5466/2026 JUDGMENT DATED: 21/04/2026 undefined Constitution of India. The High Court exercising supervisory jurisdiction does not act as a court of first appeal to reappreciate, reweigh the evidence or facts upon which the determination under challenge is based. Supervisory jurisdiction is not to correct every error of fact or even a legal flaw when the final finding is justified or can be supported. The High Court is not to substitute its own decision on facts and conclusion, for that of the inferior court or tribunal [Celina Coelho Pereira (Ms) and Others v. Ulhas Mahabaleshwar Kholkar and Others, (2010) 1 SCC 217]. The jurisdiction exercised is in the nature of correctional1 jurisdiction to set right grave dereliction of duty or flagrant abuse, violation of fundamental principles of law or justice. The power under Article 227 is exercised sparingly in appropriate cases, like when there is no evidence at all to justify, or the finding is so perverse that no reasonable person can possibly come to such a conclusion that the court or tribunal has come to. It is axiomatic that such discretionary relief must be exercised to ensure there is no miscarriage of justice.
16. Explaining the scope of jurisdiction under Article 227, this Court in Estralla Rubber v. Dass Estate (P) Ltd., (2001) 8 SCC 97 has observed:-
"6. The scope and ambit of exercise of power and jurisdiction by a High Court under Article 227 of the Constitution of India is examined and explained in a number of decisions of this Court. The exercise of power under this article involves a duty on the High Court to keep inferior courts and tribunals within the bounds of their authority and to see that they do the duty expected or required of them in a legal manner. The High Court is not vested with any unlimited prerogative to correct all kinds of hardship or wrong decisions made within the limits of the jurisdiction of the subordinate courts or tribunals. Exercise of this power and interfering with the orders of the courts or tribunals is restricted to cases of serious dereliction of duty and flagrant violation of fundamental principles of law or justice, where if the High Court does not interfere, a grave injustice remains uncorrected. It is also well settled that the Page 4 of 8 Uploaded by SHEKHAR P. BARVE(HC00200) on Thu Apr 23 2026 Downloaded on : Thu Apr 23 21:51:20 IST 2026 NEUTRAL CITATION C/SCA/5466/2026 JUDGMENT DATED: 21/04/2026 undefined High Court while acting under this article cannot exercise its power as an appellate court or substitute its own judgment in place of that of the subordinate court to correct an error, which is not apparent on the face of the record. The High Court can set aside or ignore the findings of facts of an inferior court or tribunal, if there is no evidence at all to justify or the finding is so perverse, that no reasonable person can possibly come to such a conclusion, which the court or tribunal has come to."
5. In light of the aforesaid provisions of law, let examine the correctness of the order at first blush to see that whether the matter requires admission or issuance of notice.
6. The wife has filed divorce proceedings against the petitioner under Section 13 of the Hindu Marriage Act bearing HMP No. 91 of 2025 on the grounds of cruelty and impotency. In the said proceedings, the learned Family Court, in view of compromise arrived at between the parties at Exh.12, permitted limited visitation right to the petitioner. However, the proceedings for divorce is pending. During the pendency of the said divorce petition, an application was moved by the petitioner seeking to send the two minor daughters for counselling, on the ground that the daughters, who are approximately 7 to 8 years of age, showed hesitance and reluctance in meeting their father. It was submitted that on 24th March, 2024, when the petitioner met the minor daughters in the presence of the mother and her family members, the daughters initially recognized their father and interacted with him, but thereafter distanced themselves. The photographs at Annexure B show the children appearing happy, however, subsequent conduct indicates that the Page 5 of 8 Uploaded by SHEKHAR P. BARVE(HC00200) on Thu Apr 23 2026 Downloaded on : Thu Apr 23 21:51:20 IST 2026 NEUTRAL CITATION C/SCA/5466/2026 JUDGMENT DATED: 21/04/2026 undefined children may have been influenced against their father, raising serious concern regarding parental alienation. The aforesaid scenario indicates that welfare of two minor daughters are at stake and therefore, both of them required counseling. While pressing that for well being of two minor daughters, love, affection and care of both the parents are needed, learned advocate Mr. Goswamy would further submit that welfare of children is paramount consideration in a child custody matter or where issue of visitation right involves.
7. The learned Family Court while rejecting the application, clearly held that it is a divorce proceedings, whereby the wife sought divorce from the husband on the ground of cruelty and it is not the matter of child custody.
8. The court, upon careful consideration, observed that the two minor daughters are of a tender age of approximately 7 to 8 years and have been residing with their mother since separation. The court took note of the settled legal position that the best interest and welfare of the child is the paramount consideration in all matters relating to child custody and guardianship, as enshrined under the Guardian and Wards Act, 1890 and the Hindu Minority and Guardianship Act, 1956.
9. Aptly, while the purpose of a counseling order is to reduce psychological trauma, help children process emotions, and improve their overall well being amidst parental conflict, the children being of such tender age are unlikely to fully Page 6 of 8 Uploaded by SHEKHAR P. BARVE(HC00200) on Thu Apr 23 2026 Downloaded on : Thu Apr 23 21:51:20 IST 2026 NEUTRAL CITATION C/SCA/5466/2026 JUDGMENT DATED: 21/04/2026 undefined comprehend the complexities of the ongoing matrimonial dispute between their parents.
9.1 The petitioner apprehends that his daughters since keeping distance, perhaps have been poisoned by their mother and that needed child counseling. It remains just apprehension without backed by any substantive credence. More than one reason may exist for two daughters to keep distance. Therefore, merely to satisfy petitioner's mind, two daughters aged 7 to 8 years cannot be forced for counseling.
10. It is further to be noted that compelling children of such tender age to undergo counseling without sufficient justification would not be in their best interest and may in fact cause further emotional harm.
11. Considering overall circumstances, the judgments relied upon by learned advocate for the petitioner would render no assistance to his case.
12. Before parting with the order, the observation of the Hon'ble Apex Court in case of Rosy Jacob V/s. Jacob A. Chakramakkal, 1973 1 SCC 840 being relevant, reads as under:-
"14. ........The children are not mere chattels: nor are they mere play-things for their parents. Absolute right of parents over the destinies and the lives of their children has, in the modern changed social conditions, yielded to the considerations of their welfare as human beings so that they may grow up in a normal balanced manner to be useful members of Page 7 of 8 Uploaded by SHEKHAR P. BARVE(HC00200) on Thu Apr 23 2026 Downloaded on : Thu Apr 23 21:51:20 IST 2026 NEUTRAL CITATION C/SCA/5466/2026 JUDGMENT DATED: 21/04/2026 undefined the society and the guardian court in case of a dispute between the mother and the father. is expected to strike a just and proper balance between the requirements of welfare of the minor children and the rights of their respective parents over them. ...."
13. Under the circumstances, according to this Court, present petition being bereft of merits, completely vexatious and frivolous, intended to derail divorce proceedings, is required to be struck down quantifying appropriate cost.
14. Resultantly, present petition fails and dismissed at admission stage with cost of Rs.10,000/- to be deposited by the petitioner before the concerned learned Family Court within four weeks from today. After depositing the amount, the learned Family Court shall disburse the amount to two minor daughters.
(J. C. DOSHI,J) SHEKHAR P. BARVE Page 8 of 8 Uploaded by SHEKHAR P. BARVE(HC00200) on Thu Apr 23 2026 Downloaded on : Thu Apr 23 21:51:20 IST 2026