ORAL JUDGMENT

[1.0] Both these petitions arise out of the common judgment and order passed by the Judge, Family Court No.5, Ahmedabad dated 16.02.2022 below Exhs.5 and 22 in Civil Miscellaneous Application No.83 of 2021, and therefore, they are proposed to be disposed of by this common order.

[2.0] Special Civil Application No.5611 of 2022 is filed by Devshri, daughter of Hemantkumar Shastri, wife of Nilkanth Trivedi, who preferred application, Exh.22 in the aforesaid Civil Miscellaneous Application filed before the Family Court raising preliminary issue to dismiss the suit as also praying restoring custody of daughter ‘Dhanashri’ to her. Since her application, Exh.22, is rejected by the impugned common judgment and order, she has preferred the aforesaid Special Civil Application.

[2.1] Special Civil Application No.8548 of 2022 is filed by Nilkanth Vikram Trivedi, who has preferred the aforesaid Civil Miscellaneous Application before the Family Court, seeking declaration to the effect that he being the father of the minor daughter, ‘Dhanashri’, he is entitled to retain the custody of her and no other person including the respondent therein has any right to interfere with the said cus