TEJAS MADHUSUDAN KOTHARI Vs. ASHWINBHAI KRUSHNDAS SHAH

JUDGEMENT

(1.) By way of filing of this petition under Article 226 and 227 of the Constitution of India, the petitioner has prayed to provide custody of his minor child with immediate effect who, at present, is in the custody of his mother viz. Pinkalben who is residing with her father.

(2.) This Court vide order dated 12.10.2010 adjourned the matter to enable the petitioner-party-in-person to annex the order passed by the learned Judicial Magistrate First Class, Vadodara in application filed by him under Section 97 of the Code of Criminal Procedure, 1973. Uptil now, copy of the said order has not been produced by the petitioner before this Court. Thereafter, this Court vide order dated 27.20.2010, upon statement made by the petitioner/party-in-person, who was desirous to see wife and know the whereabouts of his son and if they are in happy condition, he would offer Rs.20,000/- by way of gift to them and he is ready to deposit the said amount of Rs.20,000/- latest by 28th October, 2010.

(3.) On condition, this Court issued Notice to the respondent No.18 making it returnable on 18th November, 2010. However, Registry has issued Notice to respondent without being deposited the amount as aforesaid.