BHAVNABEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application preferred under Article 226 of the Constitution of India by the mother seeking custody of her daughter, who is presently with her divorced husband.

(2.) The petitioner married the respondent No.4 on 10.05.2011 and her daughter came to be born out of the said wedlock. Between the spouses, due to internal disputes which had led to irretrievable break down of the marriage, the divorce was perceived to be last resort and accordingly, on 04.10.2020, by way of a customary divorce permissible in their caste, the spouses chose to severe their ties finally.

(3.) It is the say of the petitioner that at the time of the divorce, it had been decided between the parties that the daughter would continue to be with the mother and the respondent No.4 whenever would choose to meet his daughter he would be permitted to so do it. In between, he had taken the daughter for a few days and had returned her to mother.