UTKARSH KESHAVBHAI MARATHE Vs. MEENALBEN

JUDGEMENT

(1.) This petition is filed under Article 226 and 227 of the Constitution of India challenging the order passed by the Judge, Family Court No. 5, Ahmedabad dtd. 22/9/2021 below Exhibit- 12, whereby it came to be partly allowed, permitting visitation right to the petitioner - husband on first working Saturday of every month at children complex, Family Court, Ahmedabad between 3 p.m. to 5 p.m. and prayed for other reliefs in this petition as set out in para 17(A)(i) to (vi), which includes temporary custody of minor son - Heet, half of summer vacation, Diwali, Christmas and other vacations as also public holidays, to be in company with his minor son from Saturday morning till Sunday evening every week, access to minor son through video call/phone everyday for at least 20 minutes, etc.

(2.) Pursuant to a marital discord, the petitioner and respondent are staying separate and the minor son - Heet, who is aged 12 years as on date, is with respondent - wife. The marriage between the parties took place on 25/4/2008 and out of the wedlock, child "Heet" was born in February, 2010. Though it is disputed whether respondent - wife was forced to leave the matrimonial home because of a quarrel or she has willingly left the matrimonial home in June, 2019, fact remains that minor - Heet is with the mother from the date both husband and wife separated. As coming out from the record, on 26/8/2019, the respondent - wife had filed family Suit No. 1887 of 2019 in the Court of Family Judge, Ahmedabad for divorce under Sec. 13(1)(ia) of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act"). On service of the summons, the petitioner - husband appeared before the Court, filed his written reply in February, 2020. Though no exhibit is mentioned at page 32 of the compilation but vide Exhibit-12, the petitioner - husband filed an application purporting to be under Sec. 26 of "the Act" claiming visitation right as also several reliefs thereunder, on 17/2/2020.

(3.) Pursuant to an application Exhibit - 12, the respondent - wife had also submitted reply to the same.