LAWS(GJH)-2023-7-1445

LAKSHIT MANJIBHAI SAVALIYA Vs. HIRALBEN

Decided On July 14, 2023
Lakshit Manjibhai Savaliya Appellant
V/S
Hiralben Respondents

JUDGEMENT

(1.) By this application, the applicant has prayed for quashing and setting aside the order dtd. 10/3/2023 passed by the learned Additional District Judge, Gondal, Dist. Rajkot below, Exh.9 in Civil Misc. Application no.54 of 2022. The applicant, has also prayed for allowing the application filed by the applicant herein by rejecting the Civil Misc. Application of the respondent.

(2.) Mr Pinank J. Raiyani, learned advocate for the applicant submitted that the application, was filed by the respondent under Sec. 12 of the Guardians and Wards Act , 1890 (hereinafter referred to as the 'Act of 1890'), seeking permanent custody of minor daughter 'Krishtina'. It is submitted that Sec. 12 of the Act of 1890 provides for powers of the Court to make interlocutory order for production of minor and interim protection of person and property.

(3.) It is submitted that the application ought to have been under Sec. 12 for the interim custody and not for the permanent custody. It is submitted that unless and until there are any principal proceedings pending, Sec. 12 application, could not to have been filed by the respondent. Therefore, the petitioner, raised a preliminary objection against the maintainability of the said application; however, the objection has been rejected on the ground that the Act, is enacted for the benefit of the minor and only on the ground of mentioning of the wrong provision, the application, cannot be rejected. It is submitted that the hearing of the application, has been concluded and it is likely, that the learned Judge, may pass an order.