RUCHIRKUMAR GAJANANDBHAI SUTHAR Vs. AMITABEN HASMUKHLAL NANCHANDDAS MEWADA

JUDGEMENT

(1.) Ruchirkumar Gajanandbhai Suthar, petitioner No. 1 is the husband of the respondent; Gajanandbhai Suthar, petitioner No. 2 is father of petitioner No. 1; Savitaben Gajanandbhai, petitioner No. 3 is mother of petitioner No. 1. They are all referred as petitioners. The petitioners, have filed this Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the CPC" for the sake of convenience) with a prayer that this Court may allow the Civil Revision Application by quashing and setting aside the order below Exh. 23 in Guardian Application No. 16 of 2006 dated 11.10.2006. The learned Judge has, by impugned judgement, allowed the application filed by Amitaben, respondent herein, under Section 6 of the Hindu Minority and Guardianship Act (hereinafter referred to as "the Act") for custody of minor child Hemali. The learned Judge has held that the respondent Amitaben be treated as guardian of the minor child Hemali. The learned Judge has further directed opponent No. 1 petitioner-husband to hand over the minor child Hemali personally to Amitaben, mother of the child, by 15.10.2006 at the residence of the applicant " respondent herein at Vadali, Behind Kachchhi Boarding, Taluka Vadali, District Sabarkantha .

(2.) The facts giving rise to this petition are as under:

(3.) The marriage between petitioner No. 1 and the respondent Amitaben was solemnized on 18.2.2002.