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NEUTRAL CITATION

C/SCA/15369/2025 JUDGMENT DATED: 23/03/2026

0.12380033117360634

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 15369 of 2025

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE J. C. DOSHI

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Approved for Reporting Yes No

========================================================== MANSIBEN W/O DHARMENDRABHAI KESHAVJIBHAI GHETIYA D/O

BHAGVANJIBHAI GANESHBHAI BHIMANI Versus

KESHAVJIBHAI DAMJIBHAI GHETIYA ==========================================================

Appearance:

MR PREMAL S RACHH(3297) for the Petitioner(s) No. 1 MR HENIL M SHAH(10677) for the Respondent(s) No. 1

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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

Date : 23/03/2026

JUDGMENT

1. By way of this petition under Article 227 of the Constitution of India, the petitioner - mother has prayed for

the following reliefs:-

“A) YOUR LORDSHIPS be pleased to issue appropriate writ, direction or order and be pleased to quash and set aside the impugned order dated 11.09.2025 passed by the Ld. I/C Judge, Family Court, Dhrol-Jodia below Ex. 19 in Civil Misc. Application No.

(DC) 03 of 2025, in the interest of justice;

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NEUTRAL CITATION

C/SCA/15369/2025 JUDGMENT DATED: 23/03/2026

0.12380033117360634

(B) YOUR LORDSHIPS be pleased to stay the execution, operation and implementation of impugned order dtd. 11.09.2025 passed below Ex.19 in Civil Misc. Application No. (DC) 03 of 2025, pending the admission, hearing and final disposal of this

application;

(C) YOUR LORDSHIPS be pleased to grant such other and further reliefs, as are deemed fit, in the interest

of justice;”

2. The order passed below Exh.19 has been passed by the learned Family Court, Jodiya – Dhrol in CMA filed by the respondent - original petitioner herein u/s 12 of the Guardian and Wards Act, 1890 seeking permanent custody of minor son “A” (identity of the minor is hidden) from the petitioner - mother – mother. original petitioner is grandfather of the minor. During the pendency of the petition, the learned Family Court, without having any prayer below Exh.19,

passed the following order:-

“1. Opponent is directed to remain present with minor at Family Court, Dhrol, on each working Thursday to have access to applicants to minor in the court premises itself from 11.00 a.m. - 05.00 p.m. till

the disposal of the present application on merits.

2. During the span of access, opponent and applicants have to sit together and opponent will not act in any manner prejudice to the interest of the applicants. Opponent will not remain present with her second

husband during such meeting.

3. Both the parties will take care of food for minor in the court premises. Applicants can give gifts, clothes and toys to the minor and opponent will accept it and permit minor to use it and will cooperate in such

access.” Page 2 of 13

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NEUTRAL CITATION

C/SCA/15369/2025 JUDGMENT DATED: 23/03/2026

0.12380033117360634

3. It is in the aforesaid background, the petitioner - mother has approached this Court.

4. Heard learned advocate Mr. Rachh for the petitioner - mother and learned advocate Mr. Henil Shah for the

respondent - original petitioner.

5. Learned advocate for the petitioner - mother would submit that Exh.19 filed before the learned trial Court is just a pursis, whereby the respondent - original petitioner has made some declaration only and no relief was claimed therein, yet the learned Family Court passed order impugned in this petition and directed the petitioner - mother to remain present on every working Thursday in the Court along with the minor, who is aged two and half years, between 11:00 a.m. and 5:00 p.m. and granted access to the respondent - original petitioner and further restrained