ZALAKBEN Vs. SANJAY INDRAVADAN PARIKH

JUDGEMENT

(1.) The present appeal is directed against the order dated 22.11.2007 passed by the Principal Judge, Family Court, Ahmedabad below Ex.17 in Civil Misc. Application No.132 of 2006, whereby the applicant is directed to deposit her passport as well as the passport of her minor child in the Court.

(2.) The relevant facts of the case show that the appellant is the mother with the minor child Milind alias Meet. There were divorce proceedings and there are also other proceedings for asserting the right of visitation of the father - respondent herein. It appears that the right of visitation was given to the father and for execution thereof, the proceedings were initiated by the respondent being Civil Misc. Application No.132 of 2006. In the said proceedings, the notices were issued to the appellant, but she did not remain present, therefore, the matter proceeded ex parte. At that stage, the application Ex.17 was submitted by the respondent herein contending that the visitation is not being permitted by the mother to him and there is apprehension that the mother i.e. respondent therein as well as the minor child may leave the country, therefore, appropriate orders for directing them to deposit their passports be passed.

(3.) The learned Judge heard the applicant and passed the impugned order, directing the appellant herein to deposit her passport as well as the passport of her minor child. It is under these circumstances, the present appeal before this Court.