HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 262/2019

1. Ramjiram Yadav S/o Shri Sudamaram Yadav, Aged About
67 Years,

2. Smt. Uttam Devi W/o Shri Ramjiram Yadav,, Aged About
65 Years,
Both R/o 98, Adarsh Nagar, Jhalamand Chouraha,
Jodhpur.

—-Appellants
Versus
Anil Yadav S/o Shri Rambaksh Yadav, By Caste Yadav, R/o House
No. 27, Hiranmagri Sector No. 9, Opposite Bhadada Petrol Pump,
Udaipur.

—-Respondent

For Appellant(s) : Mr.Rakesh Arora.
For Respondent(s) : Mr.Naveen Sharma for Mr.AK Dave.

HON’BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Judgment

04/01/2020

1. Heard learned counsel for the parties.

2. The respondent father filed an application under

Sections 7 and 25 of the Guardian and SectionWards Act before the

learned Judge, Family Court No.1, Jodhpur for custody of his son

Sarthak and daughter Tunisha @ Smridhi. The respondent’s wife

Smt.Shitlesh Yadav had expired and though the allegation for the

offence under Section 304B IPC was on the respondent husband

but he has been acquitted by a competent Court on 13.12.2010.

3. The contest in the present matter is regarding the

visitation rights granted to the respondent father by the learned

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Court below whereas the custody is with the maternal grand

parents.

4. Learned counsel for the appellants has pointed out that

the visitation of the children at Udaipur would lead to disturbance

as they are staying at Jodhpur, particularly for 5 hours on every

alternate week.

5. Learned counsel for the respondent father fairly

submits that the respondent will come and meet the children at

Jodhpur for the duration given by the learned Court below.

6. In view of the above, at this stage, no interference is

called for in this appeal and the same is accordingly dismissed

while modifying the order passed by the learned Court below

dated 1.2.2019 on the assurance given by the respondent father

that he will meet his children at Jodhpur on the requisite time and

duration already stipulated by the learned Court below. However,

the learned Court below is directed to decide the main application

of guardianship, expeditiously, preferably within a period of three

months from the date of receipt of certified copy of this order. All

pending applications also stand dismissed.

(DR. PUSHPENDRA SINGH BHATI),J (INDRAJIT MAHANTY),CJ

29-S.Phophaliya/-

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