Gujarat High Court
W/O vs Nileshkumar on 19 September, 2008
Author: C.K.Buch
Bench: C.K.Buch
Gujarat High Court Case Information System
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CA/1215920/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR DIRECTION No. 12159 of 2007
In
FIRST
APPEAL No. 2259 of 2007
==================================================
HEMABEN
D/O. NAVINCHANDRA SHAHAND
W/O.
NILESHBHAI S. SHAH - Petitioner
Versus
NILESHKUMAR
SHANTILAL SHAH - Respondent
==================================================Appearance
:
MS ROOPAL R PATEL for the
Petitioner.
MR KAUSHAL D PANDYA for the
Respondent.
==================================================
CORAM
:
HONOURABLE
MR.JUSTICE C.K.BUCH
and
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 19/09/2008
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE C.K.BUCH) Considering the nature of the relief prayed for in the present application, it will be difficult for the Court to pass any legal and executable order, more particularly in the background of the prayer made in the appeal pending before the Court and, therefore, this application requires to be rejected. It is unfortunate that the nature of litigation is totally of a different kind and passing of the order of the nature which has been prayed by the application, for the sake of argument, when passed, would be perhaps without jurisdiction. If minor Heni has love and affection for the respondent father and the father has also similar affection for minor Heni, then it is a matter of mutual love and affection between these two. It will be difficult for the Court to direct the respondent husband i.e. father of minor Heni to behave in a particular manner that has been suggested by the applicant appellant. If Heni has any individual privilege or right whatsoever, then the course of litigation would be different and the applicant at least cannot get the relief of the type that has been prayed for in the present application.
For the foregoing reasons, the application is rejected.
[C. K. BUCH, J.] [H. B. ANTANI, J.] /shamnath Top