TEJAL PARESHBHAI PATHAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is preferred under Article 226 of the Constitution of India where the petitioner is before this Court seeking the custody of her minor child "Shivanshi". It is the case of the petitioner that the marriage with the respondent No.4 was solemnized on 19/1/2019 and child "Shivanshi" was borne on 5/8/2020. Marriage dispute resulted into petitioner having left her marital home. Parties arrived at the settlement on 4/1/2022, due to intervention for both of them to have the custody turn by turn for 10 days each. Respondent No.4 was to have the custody of child from 1 st date of the English calendar month till 10th, whereas from 11th to 20th date petitioner - mother would have her custody and this rotation will go on.

(2.) The petitioner filed an application under Sec. 97 of the Code of Criminal Procedure, 1973 where the respondent No.4 averredly gave an assurance to hand over the custody of the minor child to the petitioner and therefore on 15/12/2021, she had withdrawn the application. It is the grievance of the petitioner that respondent No.4 had taken the custody on 13/1/2022 and he thereafter sent a legal notice making it quite clear that he was not ready to return the child and many allegations were altered at her.

(3.) Prayers sought for are as follows: