PRAYAGRAJ NATWARLAL RATHOD Vs. JALPABEN PRAYAGRAJ RATHOD

JUDGEMENT

(1.) Family Courts Act , the appellant - original opponent - father has challenged the judgment and order dtd. 27/10/2021 passed by the learned Principal Judge, Family Court, Jamnagar in Misc. Civil Application No.3 of 2020 which was filed by the respondent - original applicant - mother for the custody of the minor child Om aged about 5 1/2 years at that time under Sec. 25 of the Guardians and Wards Act and the said application has been allowed and the present appellant - father is directed to hand over the custody of the minor child Om to the respondent mother on certain terms and conditions.

(2.) The appeal came to be admitted after hearing the parties by order dtd. 8/12/2021 by the Coordinate Bench. Since the child Om was studying in the school and was residing with the appellant - father at Rajkot, by order dtd. 23/12/2021, stop gap arrangement was made for the welfare of the child Om by directing the appellant father to drop the child Om with the respondent mother, who was residing at Jamnagar, on every Friday at 5:00 p.m. It was further directed to pick him up on every Sunday at 6:00 p.m. The said stop gap arrangement is continued till date.

(3.) Though the Family Court has directed to hand over the custody of the child to the respondent wife, in his interest, the parties have agreed that minor Om should continue his study at Rajkot staying with his father. This appeal has been taken-up for final hearing in view of the fact that new academic year would start latest by 2nd week of June-2022 and therefore, it is desirable for the future of the child Om that the issue of custody is decided so he can pursue his study at appropriate place.