VIJAYSINH RAMKISHORSINH RATHOD Vs. JYOTI VIJAYSINH RAJPUT

JUDGEMENT

(1.) The applicants - original opponents have preferred this civil revision application under Section 115 of the Code of Civil Procedure, 1908 (hereinafter be referred to as "the CPC") against the judgment and order dated 18.03.2019 passed by the learned 14th Additional Sessions Judge, Bardoli, whereby, the learned Additional Sessions Judge has allowed the application being Civil Misc. Application No.34 of 2016 filed by the respondent - original applicant - wife.

(2.) Heard Mr.Divyang Ramani, learned advocate for the applicants and Mr.Adil Mirza, learned advocate for the respondent. Perused the materials placed on record.

(3.) Learned advocate for the applicants has submitted that the age of the son is now 7 years and above and he is studying in the school. He has submitted that the case was filed against the applicants by the respondent and the respondent - wife has no source of income and she is depending on the order of maintenance and hence, the financial condition of the present respondent is sound and he can properly take care of his son and now, the son is with the respondent - wife since 2016 and the Trial Court has not properly appreciated the facts and has committed serious error of law and facts in passing the impugned judgment and order directing the applicants herein to handover the custody of the son to the present respondent. He has submitted that the welfare and future of the child is with the father and not with the mother. He has prayed to allow the present application.