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SCA/4021/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
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SPECIAL
CIVIL APPLICATION No. 4021 of 2010
=========================================================
NILESH
KANTILAL PATEL - Petitioner(s)
Versus
JAYSHREEBEN
RAKESHKUMAR SHAH - Respondent(s)
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Appearance
:
MR.
SUNIT SHAH WITH MR B K.RAJ
for
Petitioner(s) : 1,
NOTICE SERVED BY DS for Respondent(s) : 1,
MR
MEHUL S SHAH for Respondent(s) : 1,
MR SURESH M SHAH for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 10/05/2010
ORAL
ORDER
Pursuant
to order dated 4.5.2010 the brother Nayanbhai Hasmukhlal Shah and
Kalpanaben Shah are present before this Court. They also produced an
affidavit of Vipul Hasmukhlal Shah and Manisha Vipul Shah for the
consideration of this Court. It is also cleared that Hasmukhlal Shah
has expired four years back. It appears that inadvertently in
order dated 4.5.2010 it is mentioned that, `father-in-law of the
respondent and brother of the husband are to remain present’.
Having
heard Nayanbhai Hasmukhlal Shah, Kalpanaben Shah and taking into
consideration the affidavit of Vipul Hasmukhlal Shah and Manisha
Vipul Shah, this Court is of the opinion that they know the truth
about the child of the present respondent. Nayanbhai Hasmukhlal Shah
and Kalpanaben Shah narrated in detail about the method and manner
in which they already accepted the child as that of their family.
Not only that they also mentioned to this Court the ceremonies which
were undertaken relating to the child being born in the family. The
Court is prima facie convinced that the child is accepted in the
family after knowing the truth about the child.
Learned
advocate Mr.Sunit Shah with learned advocate Mr.B.K.Raj appearing on
behalf of the petitioner requested that, instead of passing any
final orders at present, if the matter can be deferred for some time
so as to take into consideration the development during this period
pertaining to the behaviour of the family members with the child and
with the respondent and her husband Rakeshkumar Shah, the request is
granted. The matter is adjourned to 18th June, 2010.
The
custody of the child is to be handed over by the petitioner to the
respondent herein on 14th May, 2010, afternoon
(modalities may be worked out by the parties inter se).
Learned
advocate Mr.Shah for the petitioner requested that the facility of
`Skipe contact’ granted by the London Court for five days may be
continued so that while the petitioner is away from India is able to
be in touch with his child i.e. daughter. The respondent is directed
to allow the petitioner to have Skipe contact with the child on
Saturday, Sunday and Monday.
The
petitioner is returning to India on 17th June, 2010, and
therefore the matter is kept on 18th June, 2010, for
further consideration.
(
RAVI R. TRIPATHI, J. )
syed/
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