VIJAYABEN PARSHOTTAM KOTAK Vs. PARSHOTTAM KOTAK

JUDGEMENT

(1.) The present revision application is filed against the order passed by the ld. Extra Assistant Judge, Jamnagar on 22.4.2002 in Civil Misc. Application No. 62 of 1997 allowing the said application and directing the petitioner-wife to hand over the custody of two minor sons namely Kishor alias Kanaiyalal and Himanshu to the respondent-husband within one month from the date of the said order. It is further directed that the respondent-husband should call upon the petitioner-wife to come back to Porbandar and invite her to live together with him and two minor sons. If the petitioner-wife refused to stay with the respondent-husband at Porbandar than petitioner-wife has liberty to meet her two minor sons on each occasion at the house of the respondent-husband at Porbandar. The respondent-husband was further directed to to pay the regular maintenance tothe petitioner-wife as per the order of the court passed in Criminal Misc. Application filed under sec. 125 of Cr.P.C.

(2.) The brief facts giving rise to the present revision application are stated as under:

(3.) The petitioner in this petition is the wife of the respondent and the marriage of the petitioner with the respondent was solemnised on 28.5.1989. It was the second marriage of the petitioner as well as of the respondent. That out of the said wedlock, the petitioner gave birth to two sons i.e. on 20.7.1990, the petitioner gave bith to son Kanaiyalal while on 14.3.1992 the petitioner gave birth toson Himanshu. That the present respondent was having three daughters from his earlier marriage and two daughters were already married. The third daughter namely Priti is studying at Porbandar.