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S.G.SHAH
Swati Abhishek Binaykia – Appellant
Versus
Abhishek Madanlal Binaykia – Respondent
Key Points: - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!)
S.G. Shah, J.—The petitioner herein is original defendant; whereas respondent is original plaintiff before the Family Court at Ahmedabad in Family Suit No.1546 of 2015. They are referred in the same capacity herein also.
2. The petitioner – defendant has challenged the order dated 21.10.2015 by the Family Court, Ahmedabad below Exh.5 in such Family Suit No.1546 of 2015. The plaintiff has filed the suit on 28.8.2015 for declaration, permanent injunction and other reliefs under the provisions of Section 7(1)(g) of the Family Courts Act, 1984 read with Sections 9 and 25 of the Guardian and Wards Act, 1890 praying following reliefs in paragraph 35 of the suit:—
(a) The Honourable Court be pleased to declare that the plaintiff, being the natural guardian of the minor Vihaan Binaykia, is entitled to, and has the legal right, power and authority, to retain the custody of the minor Vihaan Binaykia and that the respondent is not entitled to remove minor Vihaan Binaykia from the custody of the plaintiff.
(b) The Honourable Court be pleased to grant a permanent injunction restraining the defendant from interfering with, or removing minor Vihaan Binaykia from the custody of the plainti
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