Dismissed

Hemali Manishbhai Bhatt @ D/O Mahendrabhai Vishnubhai v. Manish Pradyuman Bhatt

Gujarat HC7 Feb 2020SCA/3412/2020

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging an interim custody order. The court held that a mature 14-year-old minor, who explicitly selected his father over his mother in a written letter and during evidence, weighed against granting custody to the mother, requiring no interference.

What did the court decide?

The writ petition under Articles 226 and 227 of the Constitution of India was dismissed. The impugned order denying interim custody to the petitioner mother is upheld.

Hemali Manishbhai Bhatt @ D/O Mahendrabhai… — Child Custody and Guardianship | Gujarat HC (2020)

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C/SCA/3412/2020 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 3412 of 2020

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========================================================== HEMALI MANISHBHAI BHATT @ D/O MAHENDRABHAI VISHNUBHAI

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Versus

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MANISH PRADYUMAN BHATT

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========================================================== Appearance:

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HCLS COMMITTEE(4998) for the Petitioner(s) No. 1 MS.FALGUNI D.TRIVEDI(3912) for the Petitioner(s) No. 1 for the Respondent(s) No. 1

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==========================================================

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CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI

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Date : 07/02/2020

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ORAL ORDER

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Denial of the interim custody of the child aged 14 years by the impugned order dated 23.08.2019 rendered by learned Judge, Family Court, Bhavnagar in Family Suit No. 14 of 2018 below Exh.6, has given the cause to the petitioner mother to approach this court under Articles 226 and 227 of the Constitution of India.

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On consideration of the submissions made by the learned counsel for the petitioner and perusal of the impugned order, it appears that the minor, who was then aged 14-15 years in the year 2018 is matured enough and has given evidence casting aspersions against his mother. He seems to have serious reservations against the behaviour and temperament of his mother in treating him as also picking up quarrel with him and objecting to his meeting and speaking to his father. In no uncertain terms he has deposed that he would resist custodial order if passed in favour of his mother.

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Page 1 of 2

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C/SCA/3412/2020 ORDER

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Thus it appears that the minor is not willing to be in company of his mother. The trial court rightly declined the custody to her looking to the evidence given by the child. Not only the evidence was given but the minor had written a letter to the court espousing his grievance against his mother in detail. His statement was recorded once again after the said letter where he reiterated his reservations as abovestated.

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Under the above circumstances, no interference is required. The petition fails and is dismissed.

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(G.R.UDHWANI, J)

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syed/

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Hemali Manishbhai Bhatt @ D/O Mahendrabhai Vishnubhai v. Manish Pradyuman Bhatt

Case brief

What is this about?

What did the court decide?

Hemali Manishbhai Bhatt @ D/O Mahendrabhai Vishnubhai v. Manish Pradyuman Bhatt

Case brief

What is this about?

What did the court decide?

What the court decided

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