SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Mehulkumar Nareshbhai Prajapati vs Nishaben W/O. Mehulkumar … on 12 December, 2019

C/SCA/5337/2019 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 5337 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 7499 of 2019

MEHULKUMAR NARESHBHAI PRAJAPATI
Versus
NISHABEN W/O. MEHULKUMAR NARESHBHAI PRAJAPATI

Appearance:
MR.MRUDUL M BAROT(3750) for the Petitioner(s) No. 1
HCLS COMMITTEE(4998) for the Respondent(s) No. 1
MRS NISHA M PARIKH(2397) for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE A.G.URAIZEE

Date : 12/12/2019

COMMON ORAL ORDER

1. These two petitions under SectionArticle 227 of the Constitution
of India are preferred to assail the selfsame order dated
21.01.2019 passed below Exhibit 11 in Regular Civil Suit No.2
of 2018 by the learned 3rd Additional District Judge, Deesa.

2. Heard Mr. Mrudul Barot, learned advocate for the
husband and Ms. Nisha Parikh, learned advocate for the wife.
With the consent of learned advocates for the parties, both
these petitions are taken up for final disposal as the issue
involved lies in narrow compass.

3. Brief facts giving rise to these two petitions as could be
gathered from the impugned order and connected materials
are that:

3.1 Mehulkumar Nareshbhai Prajapati, the petitioner of

Page 1 of 4

Downloaded on : Sat Dec 14 06:40:02 IST 2019
C/SCA/5337/2019 ORDER

Special Civil Application No.5327 of 2019 preferred petition
under Section 7 of the Guardians and SectionWards Act (“GW Act”
for short) for the custody of minor “Naksh” from Nishaben
Mehulkumar Prajapati, who happens to be the petitioner of
Special Civil Application No.7499 of 2019. The parties got
married as per the Hindu Rites and Rituals and from the
wedlock, minor son named “Naksh” was born on 03.02.2016. It
seems that the dispute has cropped up between the parties
and therefore, the wife along with minor Naksh has started
residing at her parental home. The husband, therefore, filed
application under Section 7 of the GW Act for the custody of
child, which is pending. The husband thereafter during the
pendency of the petition for the custody, moved application
seeking visitation rights of minor Naksh. The learned trial Judge
by impugned order directed th wife to produce the custody of
minor on every working Saturday between 12:00 p.m. noon to
1:00 p.m. During this time, the husband shall have custody of
the minor. Both the husband and wife are not happy with the
order passed by the learned trial Judge and therefore, present
petition.

4. I have heard Mr. Murdul Barot, learned advocate for the
applicant – husband and Ms. Nisha Parikh, learned advocate for
the respondent wife.

5. Mr. Barot, learned advocate for the applicant has
vehemently submitted that duration for visitation rights
allowed by the learned trial Judge is too short and therefore,
this period may be appropriately enhanced, so that the minor
son get familiar with his father.

Page 2 of 4

Downloaded on : Sat Dec 14 06:40:02 IST 2019

C/SCA/5337/2019 ORDER

6. Ms. Nisha Parikh, learned advocate for the respondent
wife submitted that the minor is only 3 years old and he is
facing uncomfortable in the company of his father. It is
submitted that whenever the child is brought to the Court in
compliance of the impugned order, he started crying, which is
having adverse effect on the child. She therefore, urged that
the impugned order may be quashed and set aside.

7. It emerges from the impugned order that the learned trial
Judge after adverting various decisions of the Hon’ble Supreme
Court and this Court, relying upon the decision of the Hon’ble
Supreme Court in the case of Gaurav Nagpal Vs. Sumeda
Nagpal rendered in Civil Appeal No.5099 of 2007 held that in
the dispute between the mother and father regarding custody
of a child, the Court has to try to just and proper balance
keeping in view the welfare of the minor child vis-a-vis the
rights of the parents.

8. It is not in dispute that the minor Naksh is now around 3
years old, brining him to the Court would definitely have
adverse physiological effect on his mind. However, at the same
time, the wife and father to see him and get himself
familiarized with him cannot be overlooked. Hence, in facts of
the case, I am of the view that brining the minor Naksh to
Court twice in a month would not be in the interest of child. At
the same time, the visitation rights of only 1 hour would not be
enough space to child and father to get opportunity to know
each other. Hence, I am of the view that the order impugned is
required to be modified to the extent that instead of bringing
the minor child to Court twice in a month, he can be brought to
the Court only once in a month and the duration of visitation
rights can be increased keeping in view the welfare and

Page 3 of 4

Downloaded on : Sat Dec 14 06:40:02 IST 2019
C/SCA/5337/2019 ORDER

interest of child.

9. For the foregoing reasons, both the petitions are partly
allowed. The order dated 21.01.2019 passed below Exhibit 11
in Regular Civil Suit No.2 of 2018 by the learned 3rd Additional
District Judge, Deesa, is modified and now, it is ordered that
the minor Naksh shall be brought to the Court on every first
working Saturday of the Court and he shall be permitted to
mingle with his father for 2 hours between 12:00 p.m. noon to
2:00 p.m. noon. The order of the learned trial Judge qua the
expenses to be borne by the father for such visits is not
disturbed.

The petitions are allowed to the aforesaid extent.

(A.G.URAIZEE, J)
YNVYAS

Page 4 of 4

Downloaded on : Sat Dec 14 06:40:02 IST 2019

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation