IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 8678 of 2017
BHUMIKA D/O ANANTBHAI DESAI….Petitioner(s)
HEMIRBHAI RAJENDRABHAI DESAI….Respondent(s)
MR AMIT V THAKKAR, ADVOCATE for the Petitioner(s) No. 1
MR ADIL R MIRZA, ADVOCATE for the Respondent(s) No. 1
CORAM: HONOURABLE MS.JUSTICE BELA M. TRIVEDI
Date : 03/10/2017
1. The present petition has been filed by the
petitioner challenging the order dated 02.12.2016 passed
by the learned Additional District Judge, Valsad
rejecting the application of the petitioner below Exh. 9.
2. It appears that the respondent (original
applicant) has filed an application under Section 7 of
the Guardians and Wards Act seeking custody of the
minor son Rudraksh, before the District Court, Valsad
which has been registered as Civil Misc. Application
No. 16 of 2016. The present petitioner (original
opponent) had filed an application at Exh. 9 seeking
rejection of the said application for custody of the
minor on the ground that the Court at Valsad did not
have the jurisdiction and the Court at Surat, where
the petitioner and her minor child ordinarily reside,
would have the jurisdiction. The said application
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having been dismissed by the trial Court, the present
Special Civil Application has been filed.
3. The learned advocate Mr. Adil Mirza for the
respondent has submitted an affidavit of the
respondent stating inter alia that he has no objection
if the Civil Misc. Application No. 16 of 2016 pending
before the Court at Valsad is transferred to the
concerned Family Court at Surat having jurisdiction.
4. Apart from the said affidavit, it appears from
the record, more particularly, from the impugned order
passed by the trial Court that the minor was residing
at Valsad upto October, 2015, and thereafter, was
residing with his mother at Surat, and therefore, it
could be said that the minor child was ordinarily
residing at Surat.
5. In that view of the matter, the Civil Misc.
Application No. 16 of 2016 pending before the trial
Court at Valsad is directed to be transferred to the
concerned Family Court, at Surat having jurisdiction
to entertain the application of the respondent under
Section 7 of the Guardians and Wards Act. The
Principal District Judge, Surat is directed to do the
needful. It is needless to say that the concerned
Court shall expedite the hearing of the application.
6. With the above observations and directions, the
present petition is allowed accordingly. Rule is made
absolute to the above extent.
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(BELA M. TRIVEDI, J.)
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