CHHAGANBHAI BACHUBHAI SARVAIYA Vs. ASHABEN MANJIBHAI

JUDGEMENT

(1.) RULE. learned advocate waives the service of notice of rule on behalf of the respondent. At the request of the learned advocate appearing on behalf of the respective parties, the matter is taken up for final hearing.

(2.) PURSUANT to the order passed by this Court dtd. 10/7/2008, minor girl Jahnvi along with her grand-father, uncle and aunty is personally present in the Chamber. Similarly, respondent named Ashaben Manjibhai - mother of the minor girl Jahnviherein along with her relatives is also personally present in the Chamber. This Court has tried to mediate and find out the solution and tried to ascertain wish of the minor girl Jahnvi.

(3.) MINOR girl Jahnvi is studying in standard 4th. She is matured and is in a position to understand the circumstances. After ascertaining the wish and after some deliberation, it appears that at present it is not possible to hand over the custody of minor girl Jahnvi to the respondent named Ashaben Manjibhai - mother of the minor girl Jahnvi. This Court is satisfied that the applicant and uncle and aunty of the minor girl Jahnvi are taking care of the minor girl Jahnvi very well as their daughter. The minor girl Jahnvi has refused to go with the respondent named Ashaben Manjibhai - mother of the minor girl Jahnvi at this stage. However, if some interim arrangement is made at this stage by permitting the respondent - mother to meet the minor girl Jahnvi at the interval of two months on last Sunday of month, it will be appropriate at this stage. The said arrangement is only interim arrangement. The aforesaid suggestion is also accepted by the applicant herein, grand-father, uncle and aunty of the minor girl Jahnvi.