KSHITIJ JAWAHARLAL SHAH Vs. ZARA SHAH

JUDGEMENT

(1.) This petition is filed by the petitioner party-in-person (original applicant) under Article 227 of the Constitution of India for seeking multiple reliefs which are contained in Para.6 of the petition which is reproduced hereinafter :

(2.) The background facts giving rise to present petition are that the petitioner got married to respondent herein as per Hindu rites and ceremony on 21.1.2011 and out of the said wedlock, the respondent herein gave birth to a baby-girl on 3.9.2012, named as Jhankruti. By passage of time, some disturbance took place in the married life which resulted into filing of proceedings. According to the petitioner, he is working as Practicing Cost Accountant, having the responsibility of widowed mother, whereas the respondent herein is in the full time job serving in Well Worth Share and Stock Broking Ltd. According to the petitioner, the respondent being a working woman is not in a position to take care of the minor daughter. As a result of this, since both were separated, the petitioner filed an application on 12.7.2016 being Civil Misc. Application No.67 of 2016 in which the compromise took place between the parties and the settlement terms were deducted in writing and in terms of the compromise in view of Order 23 Rule 3 of the Code of Civil Procedure, the aforesaid Civil Misc. Application No.67 of 2016 came to be disposed of. For quite some time, said compromise stated to have been observed. But then, the petitioner was required to file Civil Misc. Application No.43 of 2018 for seeking interim custody under Section 26 of the Hindu Marriage Act and under Section 12(1) of the Guardians and Wards Act. In the said proceedings, an interim relief application also came to be given by the petitioner at Exh.5 which came up for consideration before the learned Judge, Family Court No.3, Ahmedabad, who, by an order dated 2.2.2019, was pleased to reject the application with cost of Rs.5000/- and also directed the petitioner to pay Rs.3000/- to the opponent. It is this order which is made the subject matter of present present under Article 227 of the Constitution of India.

(3.) The Court, after hearing the party-in-person, was pleased to issue notice on 13.3.2019 and after giving an opportunity of hearing to both the sides from time to time, the matter was placed before the Gujarat High Court Mediation Center with a view to explore the possibility of settlement, vide order dated 14.6.2019. It was later on informed to the Court that compromise appears to have not been effected. As a result of this, the main matter is taken up for decision and the Court had heard the matter at length for deciding finally with the request and consent of both the sides.