ORDER :

N.V.ANJARIA, J.

The present First Appeal arises out of judgment and order dated 20th January, 2021 by Family Court No.2, Ahmedabad in Civil Misc. Application No.28 of 2019. It was an application under Section 26 of the Guardians and Wards Act, 1890.

1.1 The applicant – father prayed for retaining the custody of minor daughter named Aliza. He also prayed for injunction to restrain the opponent – wife from interfering in the custody of the daughter.

2. The Family Court refused to grant the prayer regarding custody and passed the following operative order,

“[1] The present application is hereby rejected so far as prayer as prayed for in paragraph 60 (A), (B) and (C) of the main application.

[2] It is hereby ordered that the applicant-father shall have visitation rights once in a month on every 3rd Saturday of each calendar month for two hours between 03 p.m. and 05 p.m. at the Child Visitation Center of this Family Court Complex, subject to the convenience of the child in question.

[3] The opponent-mother is hereby ordered and directed to facilitate the applicant-father for the visitation rights in above terms.

[4] Both the parties would take proper care and would maintain interest of the minor in question as required during the visitation period.

[5] There shall be no order as to costs.

[6] It is further ordered that the present applicant – father can get executed this order and he can have visitation rights and physical access of the minor daughter in question only after physical functioning of this Family Court, Ahmedabad, begins.”

2.1. The proceedings of this appeal witnessed the passing of order dated 27.09.2021 by the Coordinate Bench, as under.

“1. This first appeal is at the instance of the (original plaintiff) father against the order dated 20.1.2019 passed by the Family Court, Ahmedabad in the Civil Misc. Application No.28 of 2019. The directions issued by the Family Court reads thus:-

“(1) The present application is hereby rejected so far as prayer as prayed for in paragraph 60(A), (B) and (C) of the main application.

(2) It is hereby ordered that the applicant father shall have visitation rights once in a month on every 3rd Saturday of each calendar month for two hours between 03 p.m. and 05 p.m. at the Child Visitation Center of this Family Court Complex, subject to the convenience of the child in question.

(3) The opponent-mother is hereby ordered and directed to facilitate the applicant-father for the visitation rights in above terms.

(4) Both the parties would take proper care and would maintain interest of the minor in question as required during the visitation period.

(5) There shall be no order as to costs. (6) It is further ordered that the present applicant-father can get executed this order and he can have visitation rights and physical access of the minor daughter in question only after physical functioning of this Family Court, Ahmedabad, begins.”

2. This Court issued notice on 7.6.2021. By order dated 12.7.2021 we directed the appellant i.e. Vasim Hamidbhai Shahu to remain present before us with the minor daughter Aliza on Thursday i.e. 15.7.2021. Pursuant to our directions the appellant remained present with minor daughter Aliza on 15.7.2021. One of us (Mrs. Vaibhavi D. Nanavati, J) talked to minor Aliza in her chamber. Aliza appeared to be a bright and happy child. During the course of conversation with Aliza she informed that she is pursuing her study at the Sreyash Foundation in the 8 th Grade. Minor Aliza stated that as her father works outside the house, she remains in the company and care of her grand-mother. She was reluctant to answer when asked if she would be willing to reside with her mother i.e. Suhana Vasim Shahu. She found herself more comfortable and relieved when she was informed that the meeting which was arranged was not for her to choose between either of her parents with whom she would be willing to reside but the meeting was mainly to know Aliza and her well being was of paramount considerati