VILASBEN Vs. YASHVANTBHAI BABUBHAI MAYANI

JUDGEMENT

(1.) This Appeal is filed under Sec. 47 of the Guardians and Wards Act , 1890, challenging the judgment and order passed by the learned Additional District Judge, Visavadar, dtd. 6/12/2019 in Civil Misc. Application No.15 of 2019, which was filed for having custody of a minor child "Het", born out of the wedlock between the parties, which came to be denied by the aforesaid impugned order.

(2.) It appears that out of the wedlock between the parties, a child named "Het" born who was 04 years of age at the time of filing the aforesaid Civil Misc. Application before the learned District Judge. It further appears that parties have entered into an Agreement of Divorce dtd. 7/1/2019 and pursuant thereto, the custody of son "Het" was handed over to the respondent - husband. After filing of the aforesaid application, the appellant - wife entered the witness box and examined herself in support of the claim made by her. She was also cross-examined by the advocate for the respondent - husband. The said cross-examination is concluded on 30/9/2019. On behalf of the appellant - wife, another witness, namely, Rameshbhai Bhovanbhai Rakholiya, brother of the appellant - wife, came to be examined vide Exh.12. It further appears that though respondent - husband tendered an examination-in-chief on affidavit, which was not pressed by him later on, and therefore, on behalf of the respondent - husband no one is examined before the Court.

(3.) On conclusion of the evidence and after hearing the parties, the learned Judge passed the order impugned.