Gujarat High Court
Dharmesh Laldas Kubavat vs Kashmiraben W/O Dharmeshbhai Kubavat ... on 7 August, 2015
Author: Akil Kureshi
Bench: Akil Kureshi
C/SCA/7842/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 7842 of 2015
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DHARMESH LALDAS KUBAVAT....Petitioner(s)
Versus
KASHMIRABEN W/O DHARMESHBHAI KUBAVAT D/O HARIKISHAN
DHIRAJLAL VAISHNAV....Respondent(s)
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Appearance:
MR IMRAN H PATHAN, ADVOCATE for the Petitioner(s) No. 1
MR VAIBHAV A VYAS, ADVOCATE for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
Date : 07/08/2015
ORAL ORDER
1. This writ petition is filed by the father of minor child seeking visitation rights. On 08.05.2015, learned Single Judge provided for a limited formula for visitation right of the petitioner. Such arrangement was extended by further order passed on 26.06.2015. The order reads as under:-
"The petitioner husband has filed this petition questioning order dated 18.4.2015 passed by the learned Judge, Family Court, Junagadh, granting limited visitation rights to the father in connection with son Ronak. On 8.5.2015, this Court had granted further relaxations in the following terms :
5. In the aforesaid premises, by way of interim arrangement during the summer vacation, the right of visitation and temporary custody of Page 1 of 3 HC-NIC Page 1 of 3 Created On Sat Aug 08 02:13:30 IST 2015 C/SCA/7842/2015 ORDER the petitioner husband is extended from 12:00 noon to 04:00 p.m. to 10:00 a.m. To 06:00 p.m. on every working Saturday of the Court with a liberty to take minor Ronak with him even out of the court premises, if he so desires.
I am informed that such arrangement has worked satisfactorily without any complaint from either side. Even the child is perfectly happy with the father.
Learned counsel for the petitioner submitted that such visitation rights be further extended at-least during the weekend and vacation. By way of further experiment, following further directions are issued :
1.The petitioner would be allowed to take his son Ronak at 12:00 pm or any time thereafter, on every working Saturday from the respondent's house at Mangrol. The petitioner shall enjoy the company and custody of the child till the following Sunday and return the child to his mother latest by 6:00 pm.
2.This arrangement would be suspended in case of any ill-health of the child.
Request for further custody during the vacation periods would be considered later.
S.O. to 7.8.2015."
2. I am informed that such arrangement has worked out quite satisfactorily. This interim arrangement is therefore now made final and shall continue pending the disposal of Family Suit No.43 of 2014 and subject to final order that may be passed in such proceeding. As and when vacation, be it summer or Diwali vacation is approaching, it would be open for the petitioner to apply for extended visitation right during vacation period before the Family Court, who may decide such application Page 2 of 3 HC-NIC Page 2 of 3 Created On Sat Aug 08 02:13:30 IST 2015 C/SCA/7842/2015 ORDER on merits. If the child needs to pursue any homework during the period that he is likely to spent with the petitioner, the respondent-mother shall provide such material to the petitioner, who shall ensure that all such study material is returned along with the child to the respondent.
3. With these further observations, the writ petition is disposed of.
Direct service is permitted.
(AKIL KURESHI, J.) SHITOLE Page 3 of 3 HC-NIC Page 3 of 3 Created On Sat Aug 08 02:13:30 IST 2015