HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MUKESH RAJPUROHIT
SUNIL KUMAR MALI – Appellant
Versus
VARSHA GEHLOT – Respondent
CW / 10560 / 2026
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[2026:RJ-JD:23640]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 10560/2026
Sunil Kumar Mali S/o Gopa Ram Mali, Aged About 31 Years,
Resident Of Bera Bavoda, Nehra Bera, Sojat City, District Pali.
----Petitioner
Versus
Varsha Gehlot W/o Sunil Kumar Mali D/o Shri Bhanwar Lal
Gehlot, Aged About 31 Years, Resident Of Jai Shree Digital Photo
Studio, Near Brahamchari Ji Ki Bageechi, Mathaniya Choraha,
Tinwari, District Jodhpur, Rajathan.
----Respondent
For Petitioner(s) : Mr. Sunil Kumar, petitioner in person
For Respondent(s) : -
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
16/05/2026
1. The petitioner, who is present in person, submits that his
marriage with the respondent was solemnized in the year 2017
and out of the said wedlock, a daughter was born in the year
2018. It is further submitted that in the year 2020, the
respondent-wife left the matrimonial home along with the minor
daughter and started residing separately from the petitioner.
2. It is submitted that thereafter, in the year 2025, the
petitioner instituted a petition under Section 9 of the Hindu
Marriage Act, 1955 before the learned Additional District Judge,
Sojat City, District Pali seeking restitution of conjugal rights and
also filed an application under Section 26 of the Hindu Marriage
Act, 1955 for grant of visitation rights qua the minor daughter.
The learned Additional District Judge, Sojat City, vide order dated
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07.02.2026, granted limited visitation rights to the petitioner
permitting him to meet his daughter every Sunday from 10:00
a.m. to 12:00 p.m. at the residence of the respondent.
3. Learned counsel for the petitioner submits that despite the
specific directions issued by the learned trial Court, when the
petitioner visited the residence of the respondent on Sunday to
meet his daughter, the respondent did not comply with the order
dated 07.02.2026 and the petitioner was not permitted to meet
the child. It is further submitted that the petitioner thereafter filed
an application seeking compliance of the order dated 07.02.2026;
however, the same has not yet been considered and is still
pending before the learned trial Court. It is also submitted that on
the subsequent Sunday, when the petitioner again visited the
residence of the respondent to meet his daughter, he was once
again denied visitation. Consequently, the petitioner filed another
application dated 28.03.2026 seeking strict compliance of the
order dated 07.02.2026.
4. The petitioner submits that he would be satisfied if a
direction may be issued to the learned Additional District Judge,
Sojat City, District Pali to consider and decide the petitioner’s
application seeking compliance of the order dated 07.02.2026
expeditiously.
5. In view of the limited prayer made by the petitioner, the
present writ petition is disposed of with a direction to the learned
Additional District Judge, Sojat City, District Pali to consider and
decide the petitioner’s application seeking compliance of the order
dated 07.02.2026 within a period of four weeks from the date of
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receipt of a certified copy of this order, strictly in accordance with
law.
6. It is made clear that the aforesaid direction has been issued
only with a view to ensure expeditious redressal of the petitioner’s
grievance and the same shall not be construed as an expression of
opinion on the merits of the case or as a direction to decide the
application in a particular manner.
7. The stay application and all pending applications, if any, also
stand disposed of.
(MUKESH RAJPUROHIT),J
8-Ramesh/-
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