Gujarat High Court
Rupalben Mohanbhai Satikuvar (Soni) vs Kiritbhai Vithalbhai Dhakan (Soni) on 18 December, 2023
Author: Biren Vaishnav
Bench: Biren Vaishnav
NEUTRAL CITATION
C/FA/1687/2011 ORDER DATED: 18/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1687 of 2011
With
CIVIL APPLICATION (FOR INJUCTION) NO. 2 of 2011
In R/FIRST APPEAL NO. 1687 of 2011
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RUPALBEN MOHANBHAI SATIKUVAR (SONI)
Versus
KIRITBHAI VITHALBHAI DHAKAN (SONI)
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Appearance:
ADVOCATE NOTICE UNSERVED for the Appellant(s) No. 1
MR BY MANKAD(440) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
and
HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 18/12/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE BIREN VAISHNAV)
1. Heard Mr. B Y Mankad, learned advocate for the
respondent.
2. Challenge in this appeal at the hands of the appellant is to
the order dated 23.2.2010 passed in Civil Miscellaneous
Application No.24 of 2008 by the learned Judge, Family Court,
Rajkot and also the order under challenge is that of the
Executing Court. By the aforesaid orders, the custody of the
child was handed over to the respondent- father. Aggrieved by
this order, the appellant- mother came in appeal. In the appeal,
this Court on 26.08.2011 passed the following order:
"FIRST APPEAL No. 1687 of 2011.
1. In order to see that the welfare of the child is
properly taken care, we had called child Dushyant
in person as well as appellant-applicant Rupalben
NEUTRAL CITATION
C/FA/1687/2011 ORDER DATED: 18/12/2023
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and we had also called the respondent Kiritbhai. We
have discussed the matter in Chamber. We find that
the desire of the son Dushyant is to stay with the
mother as since last about 13 years he is staying
with the mother. He has not complained of the
behaviour of his mother - applicant herein in any
manner. He has also stated before us that his
mother and his maternal uncle are taking proper
care of his education and maintenance and he
stated that he is also having 'Nitin Class' for the
betterment of his study, while remaining with the
mother.
2. In order to see that the welfare of the child is
further maintained and to test the genuineness of
the feelings of the father-respondent herein, we had
inquired as to whether the respondent is ready to
deposit the amount of Rs.3 lacs or any reasonable
amount for taking care of further education of
Dushyant. However, he has declined. We may also
record that the respondent has remarried with the
lady Vaishaliben.
3. Under these circumstances, we find that it would
be in the interest of the welfare of the child to allow
him to stay with the mother and the impugned
order passed by the Family Court deserves to be
stayed. Hence Admit.
CIVIL APPLICATION No. 7209 of 2011.
By interim order, the impugned judgment and order
of the Family Court which is under challenge in
First Appeal shall remain stayed and suspended."
3. In light of the order dated 26.08.2011 the custody of the
child remained with the appellant pending the appeal. Perusal of
the appeal memo would indicate that the child in question i.e.
son Dushyant was born on 17.12.1996 and therefore has
attained majority in 2014 and 9 years have gone by thereafter.
By virtue of the son having attained majority, it is now a matter
of free will on his behalf to either stay with the mother or with
NEUTRAL CITATION
C/FA/1687/2011 ORDER DATED: 18/12/2023
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the respondent- father. Mr.Mankad, learned advocate for the
respondent submits that admittedly at the relevant point of time
as is evident from the order, son Dushyant had expressed his
desire to stay with the appellant- mother. Interim order
therefore, continues to operate and will continue to operate in
light of the fact that child in question has now attained the
majority. The appeal is accordingly disposed of without
expressing any opinion on merits in view of the fact that child
has attained the majority and is now in a position to take his
own call as to whether he wants to continue to reside with the
mother or the father. Liberty to revive in case of difficulties.
In view of disposal of the appeal, connected Civil
Application also stands disposed of.
(BIREN VAISHNAV, J)
(NISHA M. THAKORE,J)
KAUSHIK J. RATHOD
