PANCHAL ZALAKBEN HARDIKBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is preferred under Article 226 of the Constitution of India seeking custody of the son of the petitioner born out of the wedlock, which had been tied with the respondent No.26/12/2015 at Nadiad in a group marriage. The child was born on 7/7/2017 and is presently aged 04 years. The marriage ran into the rough weather firstly because according to the petitioner, she was not made aware of the first marriage of respondent No.4-husband and thereafter, certain allegations are made with regard to the physical and mental cruelty. This Court would choose not to go into the same, the fact remains that this had led to the wife separating from the husband and on 15/4/2021, she left her matrimonial home and started residing with her parents at Ahmedabad with her son.

(2.) The petitioner approached the Nikol Police Station by way of a complaint giving all these details and lastly ventilating her grievance of non-return of her son. She has also urged that there was an abrupt dealing with her request of returning her son.

(3.) On 23/12/2021, this Court issued the notice, making it returnable on 13/1/2022. On the returnable date,the corpus remained present with the father through the video conference from the office of the learned advocate, Mr.Vasant Barot. Noticing the young age of the child and also the young age of the couple, we had requested the learned advocate on both the sides to meet at the office of one of the advocates and workout amicable settlement.