Manoj Shankar Rathwa vs Reshma W/O Manoj Rathwa And D/O ...
2021 Latest Caselaw 263 Guj

         C/FA/4461/2019                                IA ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


              CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                   In R/FIRST APPEAL NO. 4461 of 2019

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MANOJ SHANKAR RATHWA Versus RESHMA W/O MANOJ RATHWA AND D/O MANSINGBHAI RATHWA ========================================================== Appearance:

MR AMRISH K PANDYA for the PETITIONER(s) No. MR.KIRIT R CHAUDHARI for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA and HONOURABLE MR. JUSTICE A.S. SUPEHIA

Date : 08/01/2021

IA ORDER (PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

As far as the First Appeal is concerned, which is directed against judgment and order dated 23rd August, 2019 passed by learned Family Court No.3, Vadodara in Civil Miscellaneous Application No.36 of 2017 which was an application filed by the applicant- mother-respondent herein under the Guardian & Wards Act, 1890, the same has been admitted by the Court as per order dated 03rd March, 2020.

1.1 The captioned Civil Application is for the stay of the impugned order and the directions therein in respect of the custody of minor son of the parties aged 12 years at present.

2. It transpires from the orders passed from

C/FA/4461/2019 IA ORDER

time-to-time in the present proceedings that ad- interim relief which was granted by the Family Court staying its own directions have been continued by the Court.

3. As we could gather from the detailed submissions made by learned advocate for the respective parties, it is undisputed that the minor boy has been staying with father-appellant herein since 2015 and studying. The welfare of the boy prima facie is being looked at by the father.

4. Today in course of the hearing, learned advocate for the respondent submitted that respondent being mother, she may be allowed visitation rights so as to meet and interact with her minor son every week.

4.1 This submission was fairly and positively accepted by the applicant-appellant through his learned advocate. Learned advocate for the applicant further stated that son may meet the respondent every Sunday between 10.00 a.m. and 05.00 p.m.

5. Accordingly, both the parties shall decide the place of meeting of boy with the mother along with father as per their own choice which they may mutually decide. The parties shall meet every Sunday between 10.00 a.m. and 05.00 p.m. and the mother may meet and interact with the boy as agreed above.

6. In view of the above agreement arrived at between the parties about permitting the respondent-

C/FA/4461/2019 IA ORDER

mother to visit the child every Sunday as above, with such direction, the present Civil Application stands disposed of.

7. The Rule is confirmed in the terms and to the extent as aforesaid.

(N.V.ANJARIA, J)

(A. S. SUPEHIA, J) ANUP V PARIKH