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High Court of Gujarat

TANVI W/O TUSHARBHAI CHAUHAN AND D/O RAJESHBHAI GOVINDBHAI PARMARversusTUSHAR GAJENDRABHAI CHAUHAN

Disposal
56-DISPOSED AT ADMISSION STAGE

Holding

The High Court modified the visitation arrangement, directing monthly meetings at the Family Court, Ahmedabad, and ordered the Family Court to dispose of the pending application within six months, thereby disposing of the appeal.

Summary

The appeal challenged an interim visitation order dated 11‑09‑2024 passed by the Family Court, Vadodara, which required the mother to meet the child in Vadodara. The mother argued that the arrangement was impractical and amounted to a paper order given the husband’s conduct. The father submitted that the pending main application could be resolved by the Family Court and consented to a change of visitation venue. The High Court modified the visitation, directing the father to bring both children to the Family Court, Ahmedabad, on the first working Saturday of each month between 3 pm and 5 pm, with the mother present, and ordered the Family Court to dispose of the pending application within six months. Accordingly, the appeal was disposed of.

Issues considered

  • Whether the interim visitation order should be altered due to practical difficulties faced by the mother
  • Whether the High Court can direct a change of place and time for visitation pending the final disposal of the main application
  • Whether the Family Court can be directed to dispose of the pending application within a specified period

Subjects

child custodyvisitation rightsfamily lawinterim ordermodification of visitationhigh court appealGujarat

Judgment

     C/FA/3615/2025                               ORDER DATED: 27/07/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 3615 of 2025

==========================================================
      TANVI W/O TUSHARBHAI CHAUHAN AND D/O RAJESHBHAI
                     GOVINDBHAI PARMAR
                            Versus
                TUSHAR GAJENDRABHAI CHAUHAN
==========================================================
Appearance:
MR. BHAVIK P SHAH(6391) for the Appellant(s) No. 1
MR HITESH L GUPTA(3937) for the Defendant(s) No. 1
MR NAYAN L GUPTA(11798) for the Defendant(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
       and
       HONOURABLE MR. JUSTICE R. T. VACHHANI

                              Date : 27/07/2026

                           ORAL ORDER
            (PER : HONOURABLE MR. JUSTICE ILESH J. VORA)



1.    We have heard learned counsel Mr. Bhavik Shah and
      Mr. Hitesh Gupta and Nayan Gupta for the respective
      parties.

2.    This Appeal is directed against the interim order with
      respect to custody of the child passed on 11.09.2024
      by the Family Court, Vadodara, whereby, the prayer
      of the appellant – mother came to be partly allowed.
      The appellant mother, as interim measure, granted
      visitation right of the child.




3.    Mr. Bhavik Shah, learned advocate for the appellant –


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     C/FA/3615/2025                          ORDER DATED: 27/07/2026




      mother has submitted that, it is difficult for the
      mother to meet both the child at Vadodara and
      considering the conduct of the respondent husband,
      the order of visitation, is paper order.


4.    On the other hand, Mr. Hitesh Gupta, learned
      advocate for the respondent has submitted that, the
      main application is pending before the Family Court
      and same can be disposed of by issuing necessary
      direction. He also agreed to change the place of
      visitation of both the child.


5.    Having regard to the facts and circumstances of the
      present case, we deem it fit to change the place of
      visitation. We modified the interim order to the effect
      that, the respondent father shall bring both the child
      on the first working Saturday in the month between
      3-00 to 5-00 pm at the Children Room, Family Court,
      Ahmedabad to meet the appellant mother. The
      appellant mother shall remain present on the above
      place. The respondent father is directed to see that
      mother can meet once in a month at the place and
      time mentioned hereinabove.


6.    In view of the above, the Family Court, Vadodara is
      directed to disposed of the         application being CMA
      No. 39 of 2023, as far as possible expeditiously


                            Page 2 of 3
            C/FA/3615/2025                                                            ORDER DATED: 27/07/2026




             within period of 6 months from the receipt of this
             order.


  7.         In view of the aforesaid direction and observation,
             the appeal stands disposed of. The change of place
             for visitation right having been made with a view to
             maintain cordial relationship between the parties.
             The          Family            Court,           Vadodara                 shall         decide             the
             application independently on its own merits and in
             accordance with law.


                                                                                               (ILESH J. VORA,J)



                                                                                            (R. T. VACHHANI, J)
  P.S. JOSHI


Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: PALLAV SUBHASHCHANDRA JOSHI(HC00177), Principal Pvt. Secretary, at High Court of Gujarat on 27/07/2026 17:44:26




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