Gujarat High Court
Jayshreeben W/O Manishbhai Sureshbhai ... vs Manishbhai Sureshbhai Chauhan on 26 September, 2025
NEUTRAL CITATION
C/SCA/2750/2025 ORDER DATED: 26/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 2750 of 2025
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JAYSHREEBEN W/O MANISHBHAI SURESHBHAI CHAUHAN
Versus
MANISHBHAI SURESHBHAI CHAUHAN
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Appearance:
MR. RAJESH G BAROT(7134) for the Petitioner(s) No. 1
MR. RAAJEN D JADHAV(10026) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 26/09/2025
ORAL ORDER
1. The present petition is filed under Article 227 of the
Constitution of India challenging the order dated 07.02.2025
passed by learned Family Court, Bardoli in Civil Miscellaneous
Application No.14 of 2024. The petitioner is seeking following
reliefs.
"(a) This Hon'ble Court may be pleased to quash and set aside
impugned judgment and order dated 07.02.2025 passed by Ld. Family,
Court Bardloi under Exhibit-12 passed in Civil Miscellaneous
Application No.14 of 2024;
(b) This Hon'ble Court may kindly be pleased to stay the execution,
implementation and opration of the impugned judgment and order
dated 07.02.2025 passed by Ld. Family court, Bardoli under Exhibit 12
passed in Civil Miscellaneous Application No.14 of 2024;
(c) This Hon'ble Court may be pleased to pass such other and further
order(s) as may be deemed fit and proper in the interest of justice."
2. Heard learned advocate Mr. Rajesh G. Barot for the
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C/SCA/2750/2025 ORDER DATED: 26/09/2025
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petitioner and learned advocate Mr. Raajen D. Jadhav for the
respondent. Rule returnable forthwith. Learned advocate Mr.
Raajen D. Jadhav waives service of notice of Rule for
respondent.
3. With the consent and request of learned advocates for the
parties, this petition is taken up for final hearing.
4. The brief facts of the case are as under:-
4.1. Respondent had filed an application under Sections 7 and
10 of The Guardians and Wards Act, 1890, for the custody of
minor child. It is the case of the respondent husband that the
petitioner has deserted the respondent-husband and left the
matrimonial house somewhere in April 2021 and since then,
both are staying separately. Respondent-husband had filed the
application for custody of the minor child. The petitioner-wife
has also filed a divorce petition under Section 13(1)(ia) of the
Hindu Marriage Act for a decree of divorce on the ground of
cruelty and the proceedings are pending. Pending the application
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of custody of child, an interim application Exhibit-12 came to be
filed by the husband seeking prayers for permitting to meet son
on Sundays and during Diwali and Summar vacations and also
on birth date. After hearing the parties, learned Family Court
partly allowed the application, granting interim custody of
minor son on every Sunday from 10:00 a.m. to 6:00 p.m. and on
all vacations for the aforesaid period.
4.2. Being aggrieved and dissatisfied with the impugned order,
the present petition is filed by the petitioner.
5. Learned advocate for the petitioner has contended that the
child is having health issues and, in the presence of the
respondent child, is not comfortable. The order granting
temporary custody for the whole day on every Sunday would
also hamper the study and other activities of the minor child. It
is also contended that during the pendency of the present
petition, an interim arrangement was arrived at between the
parties, which may be continued. Except above submissions, no
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other submissions were made by the learned advocate for the
petitioner.
6. Per contra, the advocate for the respondent supported the
order and contended that respondent is the biological father of
the child and has every right to meet his son. It is contended that
since April-2021, the parties are residing separately, and the
petitioner is at her matrimonial uncle's home with the minor
child, who is aged about 7 years old as on today. The conduct of
the petitioner during the proceedings also was that by one reason
or other, son does not meet his father. In absence of any
perversity in the impugned order, the petition may be dismissed.
Except above, no other submissions were made by the learned
advocate for the respondent.
7. I have heard submissions made by the advocates for the
parties and also perused the impugned order and other papers. It
appears from the impugned order that due to marital discord
parties are residing separately since April 2021, and the
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proceedings under Section 125 of C.r.P.C. initiated by the
petitioner-wife have also been rejected. However, learned
Magistrate has ordered maintenance of Rs.750/- per month
minor child. The order of rejection of maintenance for the
petitioner-wife has been upheld by learned Sessions Court, and
the maintenance of the child was enhanced from Rs.750/- per
month to Rs.2500/- per month. It has been observed by the
learned Family Court that parties have voluntarily agreed for the
interim arrangement by agreeing to let father meet his son on
15.12.2024, 29.12.2024, 12.01.2025 and 26.01.2025 between
10.00 a.m. and 5:00 p.m. However, petitioner-wife did not
comply with the order, which ultimately left the respondent-
father in a very disheartening mental condition. Meeting the
child during the pendency of the proceedings is the right of the
father and parents can't be deprived of their legitimate right to
meet and greet child. Unfortunately, the proceedings would drag
for number of years, and by that time, the child would also grow
up. It might happen that in the future, the child may not
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recognize his father. The intention of the petitioner which is
coming out on record upon reading the impugned order is that,
by hook or by crook, she does not want the child to meet his
father. Such conduct of the petitioner is not only deprecated by
this Court but also inclines this Court to impose a cost while
rejecting the present petition. No litigant is permitted to flout the
orders passed by the Courts. A message should be passed on to
such litigants by imposing a heavy cost that if any attempt is
made by any litigant to either flout the order of the Court or to
mislead the Court by making false statements. In the present
case, the learned Family Court has observed in paragraph No.18
that the original-opponent has misled the Court about the
examination schedule of the minor child to avoid bringing the
child to Court to meet the Court for interaction. It appears that
petitioner-wife has made all her attempts to see that the child
does not meet the Court for interaction. However, upon meeting
the child, learned Family Court has found that the child has
equal love and affection towards the father. The outcome of the
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interaction is sufficient to permit the father to meet his child. No
mother can attempt to curtail a legitimate and moral right of
father in meeting of child.
8. On considering the aforesaid facts, I do not find any reason
to interfere with the findings arrived at by learned Family Court.
The findings and the conclusions are in consonance with facts
and law. There is no arbitrariness or perversity in the order.
Resultantly, this Court is not inclined to interfere with the
impugned order by exercising powers under Article 227 of the
Constitution of India. Considering the facts, the petition is
dismissed with costs of Rs.10,000. The petitioner shall deposit
the cost amount before the learned Family Court, Bardoli within
15 days from receipt of this order. Rule stands discharged. The
learned Family Court shall not be influenced by observations
made by this Court while deciding main proceedings and shall
decide proceedings as per the evidence and law.
(D. M. DESAI,J)
RINKU MALI
