Upal Vasantbhai Shah vs By This Application

(PER : HONOURABLE MS.JUSTICE HARSHA DEVANI)

1. By this application, the applicant seeks a direction to the respondent wife to comply with the order dated 8.9.2015 passed by the Family Court in Family Suit No. 2092 of 2014 whereby the court has granted visitation rights to the applicant to meet the child on every 2nd and 4th Sunday of the month from 8 O'clock in the morning to 8 O'clock at night at Ahmedabad. It is further ordered that during the whole year, considering the convenience, education and health of the child, the father shall have exclusive continuous custody of the child for 30 days. However, it may be divided in parts also but it should not be exceeded more than 30 days in a year.

2. In response to the notice issued by this court, the respondent has put appearance through Mr. M.K. Patel, learned advocate, and has also remained personally present before the court. At the request of the court, the minor child Nihal was produced before the court and the court has ascertained the wishes of the minor child in the chamber. Initially, the child had expressed some reluctance to meet his father, but today he has expressed readiness and willingness to accompany his father for a visit to Leh and other places.

3. In the aforesaid circumstances, the court is of the view that the ends of justice would be met if the custody of minor Nihal is handed over to the applicant for a period of two weeks from 8th May, 2016 to 21st May, 2016. The custody of the child would, thereafter, be required to be handed over to the respondent on 22nd May, 2016.

4. Accordingly, by way of an interim arrangement, the respondent wife is directed to hand over the custody of minor child Nihal to the applicant on the morning of 8.5.2016. The applicant herein shall hand over the custody of the child to the respondent on 22.5.2016. Stand over to 9.6.2016.

(HARSHA DEVANI, J.) (G.R.UDHWANI, J.) (pkn) Page 2 of 2 HC-NIC Page 2 of 2 Created On Wed May 04 03:58:45 IST 2016