IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/MISC. CIVIL APPLICATION NO. 62 of 2023 In R/SPECIAL CRIMINAL APPLICATION NO. 10805 of 2022 With MISC. CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2023 In R/MISC. CIVIL APPLICATION NO. 62 of 2023 =============================================

SUMITBHARTI GOSAI S/O MAHENDRABHARTI GOSAI Versus SUSHMA RASAILY (GOSAI) W/O SUMIT GOSAI =============================================

Appearance:

MR YATIN OZA SR. ADVOCATE with MS SRUSHTI A THULA(5014) for the Applicant(s) No. 1 MR. BAKUL S PANCHAL(3676) for the Opponent(s) No. 1 MS MANSI S PANCHAL(12033) for the Opponent(s) No. 1 =============================================

CORAM:HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI and HONOURABLE MR. JUSTICE J. C. DOSHI Date : 05/05/2023

ORAL ORDER

(PER : HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI)

Pursuant to the previous order dated 28.04.2023, and keeping in view previous orders, non-bailable warrant was issued against opponent no. 1 and as such, today, when the matter is taken up for hearing, in response to such execution of non-bailable warrant, opponent no. 1 with minor child was brought before the Court in person.

At this stage, Mr. Yatin Oza, learned Senior Advocate appearing for the applicant has requested that since minor child has been brought, the applicant being biological father may be allowed to meet the child for some time. Accordingly, we with the consent of both the parties and with the request of both the learned advocates allowed the applicant father to meet the child and for that purpose we had requested the officer in-charge of Gujarat State Legal Services Authority to facilitate such meeting of father with the child and as such from 1:45 to 3:15 pm, the applicant was allowed to meet the child. The said fact was also brought to the notice of us.

Keeping the aforesaid circumstances in mind, upon request of both the learned advocates, now the matter is requested to be kept after vacation and by consent of both the learned advocates, in the presence of the parties, we direct the office to list this matter on 06.06.2023. At this stage we may also note that opponent no. 1 has made a request for cancellation of non-bailable warrant in view of the fact that pursuant to the execution of it, she was brought before the Court and aforesaid arrangement was also allowed to be made and as such, even the learned advocate appearing for the applicant has also submitted no much resistance for such cancellation of non-bailable warrant and as such, we deem it proper to cancel the non-bailable warrant in view of the assurance which has been given specifically in the Court to remain present on 06.06.2023 with the minor child without fail.

Keeping in view such specific assurance, which was also communicated by learned advocate Mr. Panchal, in specific terms, we deem it proper to cancel non-bailable warrant. Accordingly, Civil Application No. (For Direction) No. 1 of 2023 in Misc. Civil Application No. 62 of 2023 stands disposed of and we hereby release opponent no. 1 with minor child from the custody. Necessary process in this regard may be carried out, if required.

Re-list this matter on 06.06.2023. Direct Service today is permitted.

(ASHUTOSH SHASTRI, J)

(J. C. DOSHI,J)

phalguni