VASIM HAMIDBHAI SHAHU Vs. SUHANA VASIM SHAHU

JUDGEMENT

(1.) The present First Appeal arises out of judgment and order dtd. 20/1/2021 by Family Court No.2, Ahmedabad in Civil Misc. Application No.28 of 2019. It was an application under Sec. 26 of the Guardians and Wards Act , 1890.

(2.) The Family Court refused to grant the prayer regarding custody and passed the following operative order,

(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.