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2022 Supreme(Guj) 1494

N. V. ANJARIA, SANDEEP N. BHATT
Vasim Hamidbhai Shahu – Appellant
Versus
Suhana Vasim Shahu W/o Vasim Hamidbhai Shahu – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MS BHAKTI M JOSHI
For the Respondent: MR HRIDAY BUCH

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

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