JYOTI HARPREETSINGH BAGAI Vs. HARPREETSINGH SARABJIT SINGH BAGAI

JUDGEMENT

(1.) RULE . Mr. Rajan Patel, learned advocate for Mr. Bharat R. Pandya, learned counsel for the respondent, waives service of notice of Rule. Looking to the nature of the case, learned counsel for the respective parties have urged that it may be decided finally.

(2.) THE challenge in this petition under Article 227 of the Constitution of India is to the order dated 18.04.2013, passed by the learned Judge, Family Court No. 3, Ahmedabad ("the Family Court"), below the application at Ex. 66 in CMA No. 94 of 2010, whereby, the application preferred by the petitioner -wife, for permitting the two minor children to spend fifteen days with her during the vacation, as well as Saturdays and Sundays, has been rejected.

(3.) ACCORDING to the petitioner, in spite of the fact that she has a right to meet her minor children, being their mother, the respondent does not allow them to meet her. The petitioner, therefore preferred CMA No. 94 of 2010, for custody of the children under Section 25 of the Guardians and Wards Act, 1890, which is pending in the Family Court. During the pendency of the above application, the petitioner made an application at Ex. 66, praying that the children be permitted to stay with her for fifteen days during the summer vacation commencing from the end of March 2013, as well as on Saturdays and Sundays. This application was made on 12.02.2013. The Family Court rejected the said application by its order dated 18.04.2013. Hence, the present petition.