RAJESHKUMAR S. MISHRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, in the nature of public interest, the petitioner who is a practicing lawyer, in person has raised certain issues with regard to those children who are facing various types of difficulties when their parents are either residing separately in the same city or in different cities pursuant to differences in their marriage.

(2.) It is the case of the petitioner that such children are facing difficulties in their regular studies when they are time and again called in the court proceedings initiated by either of their parents. It is also the grievance that one of the parents does not get sufficient opportunity to have continuous company of the child on several occasions including the ground of their continuous study in a particular school. It is also the case of the petitioner that under various acts including the Guardians and Wards Act for the interim custody of the child, the sufferer is the child who has to undergo different types of psychological issues. Considering these aspects it is prayed by the petitioner that the courts having jurisdiction to decide all the child custody applications, temporary or permanent, be directed to decide such applications at the earliest, preferably within 90 days from the date of completion of the pleadings. It is also prayed that both the parents should be granted equal days of custody of the child so that both the parents can raise the child in a particular manner.

(3.) On the other hand, learned Advocate General Mr. Kamal Trivedi appearing with Mr. Utkarsh Sharma, learned AGP and Ms. Ankeeta Rajput, learned advocate for the State of Gujarat would submit that the guidelines issued by the NGO is not binding in nature. He would submit that the concerned court is supposed to decide the case in accordance with law and judgements delivered by the Honourable Apex Court as well as this court and other High Courts of the country.