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SCA/6890/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6890 of 2010
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NIKHILKUMAR
TULSIDAS KARIA - Petitioner(s)
Versus
SEEMABEN
W/O NIKHILKUMAR KARIA D/O PRABHUDAS L CHANDE - Respondent(s)
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Appearance :
MR
ZUBIN F BHARDA for
Petitioner(s) : 1,
None for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 28/06/2010
ORAL
ORDER
This
petition under Article 227 of the Constitution of India is directed
against the order dated 29.04.2010 passed by the learned Principal
Judge, Rajkot below Exhibit 5 in Civil Miscellaneous Application
No.7/2010 preferred by the petitioner herein seeking custody of the
child under the Guardians and Wards Act, 1890.
While
passing the order, the learned Judge has considered the welfare and
interest of the child and has given interim custody to the opponent
the mother, as a father would be unable to take proper care of
the child of a tender age. However, the learned Judge of the Family
Court has given visitation rights to the petitioner herein to meet
the child. Against such an interlocutory order, this Court would not
like to interfere in exercise of powers under Article 227 of the
Constitution of India, since no error of law much less of
jurisdiction takes place. Therefore, no ground is made out.
Rejected.
(Anant
S. Dave, J.)
Caroline
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