SAVITABEN LAGHARBHAI Vs. MANJI RAMJI CHAVDA

JUDGEMENT

(1.) Savitaben Lagharbhai residing in village Sundariyans Taluka Dhandhuka District Ahmedabad has filed this petition to obtain the custody of her children Jaya Nayna and Upendra. The facts which are not in controversy are first required to be stated. Respondent No. 1 is the husband of the petitioner. The marriage between the petitioner and respondent no. 1 took place before about 15 or 16 years. The petitioner is the second wife of respondent No. 1. By this marriage three children are born: two daughters and one son. The eldest daughter is 12 years of age while the second daughter is 9 years old and the youngest son is 5 years old. At the time when this petition was filed on 8/07/1982 all these three children were residing with the father i.e. respondent No. 1. The petitioner was residing separately and she had filed an application for maintenance under sec. 125 of the Code of Criminal Procedure in the Court of the Judicial Magistrate First Class at Dhandhuka which was pending. The above facts are admitted facts.

(2.) There are disputed facts as well. The disputed facts are that the petitioner made certain allegations in the petition and respondent No. 1 by filing an affidavit-in-reply denied those allegations. The disputed facts are not of much importance and they are not required to be dealt with for the purpose of proper determination of this petition.

(3.) It may here be staled that on 12-7-1982 when this petition was placed before this Court notice was issued which was made returnable on 22-7-1982. A specific order was passed by which respondent No. 1 was directed to bring three children: Jaya. Nayna and Upendra in court on 22-7-1982. In response to that order respondent No. 1 had appeared and he had brought three children in this Court. During the pendency of this petition interim arrangement was made by the parties by which Jaya and Nayna were kept in the custody of the petitioner-mother and Upendra remained in the custody of respondent No. 1 i.e. father. This arrangement is still in force.