Anshul Singhvi vs Neelam Bohra ...
2023 Latest Caselaw 7321 Raj

[2023:RJ-JD:30232-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Misc. Appeal No. 1352/2022

Anshul Singhvi S/o Shri Ashok Kumar Singhvi, Aged About 36 Years, R/o Flat No. 101, House No. 174 Road No. 12, Sambhav Apartment, Ashok Nagar, Udaipur Rajasthan.

----Appellant Versus Neelam Bohra W/o Shri Anshul Singhvi, Aged About 33 Years, R/ o G-39, Bhopalpura, Udaipur, Rajasthan.

----Respondent

For Appellant(s) : Mr. Prabhjit Jauhar (through VC) Ms. Pratayushi Mehta.

For Respondent(s)             :    Mr. B.S. Sandhu.
                                   Mr. Rishab Purohit.


            HON'BLE MR. JUSTICE ARUN BHANSALI

HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI Order

18/09/2023

1. This appeal is directed against the judgment and order dated

15.3.2022 passed by the Family Court No.2, Udaipur ('Family

Court'), whereby, the application filed by the appellant seeking

interim custody of his minor son Granth has been partly accepted.

2. The Family Court passed the following order:-

"09- vr% izkFkhZ va"kqy fla?koh dh vksj ls laj{kd vkSj

izfrikY; vf/kfu;e] 1890 dh /kkjk 12 ds lkFk lifBr /kkjk 25 ds rgr varfjr jkgr ds fy, izLrqr izkFkZuk i= vkaf"kd :i ls Lohdkj fd;k tkdj vkns"k fn;k tkrk gS fd izkFkhZ va"kqy fla?koh ekg ds izFke o vafre jfookj dks 01-00 ih-,e- ls 06-00 ih-,e- rd vizkIro; xzUFk ls feyus ikdZ o cktkj esa ?kqekus ,oa f}rh; o r`rh; jfookj dks vius lkFk lqcg 10-

[2023:RJ-JD:30232-DB] (2 of 4) [CMA-1352/2022]

00 ,-,e- ls "kke 06-00 ih-,e- rd cktkj ?kqekdj ykus o vius ?kj ys tkus o ifjokj okyksa ds lkFk j[kus dh vuqefr nh tkrh gSA izkFkhZ vizkIro; xzUFk dks fdlh izdkj ds oL= ;k vU; dksbZ migkj ns rks foi{kh;k bl laca/k esa badkj ugha djsxhA izkFkhZ dks vizkI;o; xzUFk ls feyus ds mijksDr vkns"kkuqlkj foi{kh;k mlds fuokl ls izkFkhZ va"kqy dks vizkIro; xzUFk ls feyok,xh ,oa mls lqiqnZ djsxhA mDr le;kof/k ds lekIr gksus ij izkFkhZ vizkIro; xzUFk dks foi{kh;k ;k mlds crk;s vuqlkj foi{kh;k ds ?kj ds lnL; dks lqiqnZ djsxkA"

3. Submissions were made before the Court that the order

passed by the Family Court permitting the appellant to meet the

child four times in a month is not sufficient and in fact the

appellant is entitled for shared custody, whereby, he would have

right to ensure that the child grows up in an environment,

wherein, both father and mother look after the child.

4. The appeal has remained pending before the Court since its

filing in the month of August, 2022. Attempts were made for a

mediated settlement between the parties, which also failed.

5. Today, when the matter came up before the Court,

submissions were made seeking to question the validity of the

order passed by the Family Court on the grounds as noticed

hereinbefore. Further submissions were made that the order

passed by the Family Court has also not been complied with.

6. The Court on finding that any order passed, in variation of

the interim order granted by the Family Court is likely to further

increase acrimony between the parties and ultimately it would be

[2023:RJ-JD:30232-DB] (3 of 4) [CMA-1352/2022]

the child, who would be the victim of such acrimony as suggestion

was made by learned counsel for the appellant that child should

stay with the appellant for two days in a week.

7. The parties were asked about the present status of the

application filed under Section 12 of The Guardians and Wards Act,

1890. It was informed that the issues have been framed and the

matter is now fixed for evidence of the appellant. Both the parties

were granted time to find out the likely time they would take in

leading the evidence.

8. Learned counsel for the appellant indicated that they have to

lead evidence, whereby, five witnesses would be examined, and

similarly the respondent also indicated that five witnesses would

be examined and the next date fixed before the Family Court is

17.10.2023.

9. In the overall fact situation of the case, on a suggestion

made by the Court for expediting the decision on the main

proceedings before the Family Court, the parties have agreed for

expeditious disposal of the proceedings before the Family Court.

10. In these circumstances, it is deemed appropriate and

therefore, ordered that the Family Court would prepone the date

fixed before it in the matter and take up the matter on

03.10.2023.

11. The appellant would conclude his evidence as expeditiously

as possible preferably within a period of eight weeks from

03.10.2023 i.e. by 30th November, 2023. Whereafter, the

respondent would also conclude her evidence by 31 st January,

2024, and it is expected of the Family Court that the parties shall

not be granted unnecessary adjournments and, in case, the

[2023:RJ-JD:30232-DB] (4 of 4) [CMA-1352/2022]

appellant concludes his evidence at an early date, the matter shall

not be delayed till the month of December for the respondent to

start the evidence and she would be required to start the evidence

immediately thereafter.

12. A request was also made by learned counsel for the

appellant that the respondent may be directed to share the

educational details of their minor son Granth with appellant, to

which, learned counsel for the respondent readily agreed. The said

particulars be produced before the Family Court on the next date

i.e. 03.10.2023.

13. With the above directions, the appeal stands disposed of.

Both the parties shall appear before the Family Court No.2,

Udaipur, on 03.10.2023, no fresh notice need be issued.

(RAJENDRA PRAKASH SONI),J (ARUN BHANSALI),J

1-Sumit/-

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