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2023 Supreme(Guj) 797

ASHUTOSH SHASTRI, DIVYESH A. JOSHI
Rajan Ankleshwaria S/o Manojkumar Babulal Ankleshwariya – Appellant
Versus
Vinni Ankleshwaria D/o Mahesh Gulshanrai Malhotra W/o Rajan Ankleshwaria – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MR JAL UNWALA, SENIOR ADVOCATE with MS TEJAL A VASHI
For the Respondent: MR NIRAV C THAKKAR for MR BHAVIN J SATWARA

JUDGMENT :

ASHUTOSH SHASTRI, J.

1. By way of present First Appeal under Section 96 of the Code of Civil Procedure and Section 19 of the Family Courts Act, appellant- original applicant has challenged the validity of an order dated 4.7.2023 passed below Exh.6 of Civil Misc. Application No.4 of 2023 passed by learned Principal Family Court at Anand.

2. The background of case which has given rise to present appeal is that appellant and respondent got married on 19.1.2013 and on 19.1.2014, their marriage was solemnized as per Hindu Customary Rites and Ceremonies at Anand and during their wedlock, a son, named as Dhven, was born on 26.7.2018. According to appellant, during passage of time, some difference of opinion generated between appellant and respondent and according to appellant, respondent wife left the matrimonial house on 26.10.2022 without any valid reason. When the respondent left the house, their son was with appellant husband at his residence at Ahmedabad and appellant alone used to take care of all needs of the son and used to take care of academic schedule and used to pick and drop the son from school. Later on, some arrangement has taken place for dropping the son with resp

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