ROSHNI JAGDEEP SHAH Vs. JAGDEEP VRAJLAL SHAH

JUDGEMENT

(1.) Both these Revision Applications have been filed by the petitioner-mother of two daughters Charmi and Honey aged about 16 years and 14 years respectively. The petitioner is the mother while respondent is the father of the above two daughters. It is the case of the petitioner-mother that she married to the respondent in the year 1975. For some time the respondent-husband lived with the petitioner-wife at Bombay at the petitioner's parental home. Two daughters Charmi and Honey were born. When Charmi passed Standard III and Honey passed Sr. K.G., the husband decided to leave Bombay and to settle at Rajkot. It is the case of the petitioner-mother that Charmi was again required to be admitted in Rajkot in Standard III due to which she wasted one year of her academic life. Some complaints were also filed by the respondent with which I am not concerned in the present proceedings. It is an admitted fact that at present the petitioner-mother is staying at her parental home at Ghatkopar, Bombay while the respondent-father is at Rajkot.

(2.) The respondent-father filed applications being Civil Misc. Applications No. 35 and 36 of 1989 under the provision of Section 25 of the Guardians and Wards Act, 1890 (hereinafter referred to as the 'Act') for obtaining custody of minor daughters Charmi and Honey. On the same day he filed an application Exh. 5 in each Misc. Civil Application for interim custody during the pendency of the proceedings. It is also an admitted fact that main matters, i.e. Civil Misc. Applications No. 35 and 36 of 1989 are pending in the court of District Judge, Rajkot. The Jt. District Judge, Rajkot however, by an order below Exh. 5 in both the Civil Misc. Applications for interim custody, passed the followed order:

(3.) Being aggrieved and dissatisfied by the interim order passed by the Jt. District Judge, the petitioner-mother has filed the Revision Applications. Both of them came up for admission and a Single Judge of this court (Coram: K. G. Shah, J.) admitted those Revision Applications issuing Rule thereon on November 11, 1990 and also granted interim relief as prayed for by the petitioner till further orders. Today both the matters have been called for final hearing.