POOJABEN JAGDISHBAHI NAKUM Vs. JAGDISHBHAI GORDHANBHAI NAKUM

JUDGEMENT

(1.) This appeal is filed under Sec. 47 of the The Guardians and Wards Act , 1890 by the appellant, the original applicant to claim the custody of a minor children from husband challenging order dtd. 22/6/2018 passed by learned Principal Judge, Family Court, Jamnagar in Civil Misc. Application No.12 of 2014 whereby not only the custody of the children refused to the mother but considering the age of the children, one of them had become major by the time it is determined and another son was about to complete the age of majority in near future, which came to be rejected.

(2.) Mr.Bhargav Dangar, learned advocate for Mr.Yash Nanavati, learned advocate for the appellant submitted that when the application came to be filed claiming custody of the children, both were minor and if at all, no custody is handed over to her, at-least, visitation rights should have been permitted by the learned Judge. This is the only ground pressed into service in support of the aforesaid First Appeal. He has submitted that children are tutored and their ears are poisoned by the husband against her and therefore, she being mother, she should have been permitted visitation rights to see her children. Therefore, it is submitted that the appeal is required to be admitted and allowed.

(3.) Considering the impugned judgment and order rendered by the Family Court, on appreciation of evidence before it, the Court thought it fit not to grant the custody to the appellant - wife and it is as such not challenged before this Court but only the prayer made is for visitation right.