MAUSAMI DILIPKUMAR BHATT Vs. MAUNANG LALITKUMAR GOR

JUDGEMENT

(1.) The present Civil Revision Application has been filed challenging the order passed below Exhibit-15 by Family Court, Ahmedabad in CMA No.105 of 2021, whereby the application filed by petitioner wife under the provisions of Order VII Rule 11 of the Code of Civil Procedure has been rejected. Aggrieved, the defendant in the said proceedings has filed the present Civil Revision Application.

(2.) Rule returnable forthwith. Learned advocate Mr. Manan Bhatt waives service of notice of rule on behalf of the respondent. This matter is taken up for final hearing with the consent of the learned advocates for the respective parties.

(3.) The brief facts of the case are that the parties to the present proceedings had filed petition for divorce under the provisions of Sec. 13(b) of the Hindu Marriage Act. In the said petition, the parties had mentioned that the marriage of the parties had taken place on 23/1/2011 and from the said marriage a baby girl namely Krishvi was born in the year 2016 and as there were disputes between the parties to the present petition, the petitioner wife went to her parent's house on 23/7/2017 and both the husband & wife decided to file for divorce, under the provisions of Sec. 13(b) of the Hindu Marriage Act, and in view of the said settlement, the parties to the petition agreed that both the parties have received their belongings. The petitioner wife had waived all her rights of maintenance and her rights towards any of the properties that belonged to the respondent husband. In the said divorce petition, both the parties have mentioned that the custody of minor child shall be with wife and while deciding the Family Suit No.1876 of 2019, the Family Court has considered the affidavits filed by both the parties to the present petition and after taking into consideration that, the minor child Krishvi is with the petitioner wife and as there was a mutual consent the minor, the Family Court ordered that minor girl shall remain with the petitioner wife. By an order dtd. 1/2/2020, the Family Court passed final order whereby the custody of the minor child was to remain with the petitioner wife.