DIPAL Vs. MIHIRBHAI GANDABHAI RAYKA

JUDGEMENT

(1.) This First Appeal under the Guardians and Wards Act, 1890, has been filed by the original -respondent ' mother, challenging the judgement and order dtd. 10/1/2024 of the Principal Judge, Family Court, Gandhinagar in Civil Miscellaneous Application No. 07 of 2003. By the aforesaid judgement and order, the learned Principal Judge, Family Court, Gandhinagar, allowed the application of the respondent herein, the father, and granted the custody of son and daughter.

(2.) Facts in brief are as under:

(3.) Mr.Ashish Dagli, learned counsel appearing for the appellant ' mother would submit that the Family Court, Gandhinagar, committed a serious error in handing over the custody of the minors Vedant and Dhyana to the father. Taking us to the reasons assigned by the Family Court, Mr.Dagli, learned counsel, would submit that the Family Court was clearly in error in considering the aspects of a better financial status of the respondent-father as he was a revenue service officer and the Trial Court also committed an error in holding that since the respondent ' original applicant ' father was a Central Government employee and his posting would be in metro cities, the children would be in a better position to receive education in English medium school in metro cities which would not be possible for the mother to offer as she was a State Government employee posted at taluka places. He would submit that these issues were not really relevant or germane to the paramount welfare of children.