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2025 Supreme(GUJ) 284

HIGH COURT OF GUJARAT
BIREN VAISHNAV,ACJ,HMP
KIRANBHAI RAJUBHAI PRAJAPATI – Appellant
Versus
PRAJAPATI HETALBEN D/O SURESHBHAI W/O KIRANBHAI RAJUBHAI PRAJAPATI – Respondent


Petitioner Advocates:RAJPUROHIT R BHAWARLAL(9420) ,Respondent Advocate: MR VO JOSHI(5883)

ORDER :

(BIREN VAISHNAV, J.)

Heard Mr. Virat Popat, learned counsel for Mr. Rajpurohit R. Bhawarlal, learned counsel for the appellants and Mr. V.O. Joshi, learned counsel appears on Caveat. 

2. Challenge in this appeal is to an interim order dated 17.03.2025 passed by learned Family Court, Deesa below Exhibit-6 in CMA (DC) No. 47 of 2024, by which the learned Family Court directed the appellants to hand over the custody of minor child Vedant to the respondent today, by 2.00 p.m.

3. We had taken up the appeal for hearing in first session. Mr. Virat Popat, learned Counsel for the appellants had requested that interaction be permitted with the counsel in camera. Therefore, we kept the matter for hearing in Chamber at 2.30 p.m.

4. Having heard Mr. Popat, learned counsel for the appellants in the Chamber, he has taken us also now, to the order passed by Family Court. He would submit that the order and the direction issued on 17.03.2025 of handing over custody on the ground of welfare of the child is without any premise inasmuch as, nothing regarding shared custody or visitation to the father has been kept open by the interim order.

5. Mr. V.O. Joshi, learned Counsel for the respondent would

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