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2022 Supreme(Guj) 442

A.J.DESAI, ANIRUDDHA P.MAYEE
PRAYAGRAJ NATWARLAL RATHOD – Appellant
Versus
JALPABEN PRAYAGRAJ RATHOD – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR PRATIK Y JASANI
For the Respondent: MR PREMAL S RACHH

JUDGMENT :

A.J.DESAI, J.

1. By way of present appeal under Section 47 of the Guardians and Wards Act, 1890 read with Section 19 of the Family Courts Act, the appellant – original opponent – father has challenged the judgment and order dated 27.10.2021 passed by the learned Principal Judge, Family Court, Jamnagar in Misc. Civil Application No.3 of 2020 which was filed by the respondent – original applicant – mother for the custody of the minor child Om aged about 5½ years at that time under Section 25 of the Guardians and Wards Act and the said application has been allowed and the present appellant – father is directed to hand over the custody of the minor child Om to the respondent mother on certain terms and conditions.

2. The appeal came to be admitted after hearing the parties by order dated 8.12.2021 by the Coordinate Bench. Since the child Om was studying in the school and was residing with the appellant – father at Rajkot, by order dated 23.12.2021, stop gap arrangement was made for the welfare of the child Om by directing the appellant father to drop the child Om with the respondent mother, who was residing at Jamnagar, on every Friday at 5:00 p.m. It was further directed to pi

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