VASIM HAMIDBHAI SHAHU Vs. SUHANA VASIM SHAHU

JUDGEMENT

(1.) This first appeal is at the instance of the (original plaintiff) father against the order dtd. 20/1/2019 passed by the Family Court, Ahmedabad in the Civil Misc. Application No.28 of 2019. The directions issued by the Family Court reads thus :-

(2.) This Court issued notice on 7/6/2021. By order dtd. 12/7/2021 we directed the appellant i.e. Vasim Hamidbhai Shahu to remain present before us with the minor daughter Aliza on Thursday i.e. 15/7/2021. Pursuant to our directions the appellant remained present with minor daughter Aliza on 15/7/2021. One of us (Mrs. Vaibhavi D. Nanavati, J) talked to minor Aliza in her chamber. Aliza appeared to be a bright and happy child. During the course of conversation with Aliza she informed that she is pursuing her study at the Sreyash Foundation in the 8th Grade. Minor Aliza stated that as her father works outside the house, she remains in the company and care of her grand-mother. She was reluctant to answer when asked if she would be willing to reside with her mother i.e. Suhana Vasim Shahu. She found herself more comfortable and relieved when she was informed that the meeting which was arranged was not for her to choose between either of her parents with whom she would be willing to reside but the meeting was mainly to know Aliza and her well being was of paramount consideration for this Court. She seems to be a very mature child and understands the dispute between her parents very well.

(3.) One of us, Mrs. Vaibhavi D. Nanavati, J once again met Aliza in Chamber on 29/7/2021 in accordance with the order passed by this Court dtd. 15/7/2021. She was accompanied by her father and grand-mother. During the meeting on 29/7/2021 it could be culled out from the conversation that she had affection for her mother Suhana as well. It, however, appeared that she was not willing to meet her mother at the cost of displeasing her father. Mrs. Vaibhavi D. Nanavati, J then met the father and grand-mother. Both of them at the outset consented and agreed that Suhana was the natural mother of Aliza and that they would not object to Aliza meeting her mother. It appears that Aliza is a sole accompany for the grand-mother and, therefore, it can be understood that she would be possessive for Aliza and her love for Aliza also would be genuine. After interacting with Vasim Shahu - the appellant it clearly appears that there is no chance of reconciliation between the parties and both, the appellant and the respondent are happy to have parted their ways. The sole consideration therefore for this Court is once again the well being of Aliza.