PATEL NIKITABEN D/O PATEL HASMUKHBHAI MANILALversusPATEL BHUPENDRAKUMAR VISHNUBHAI
- Disposal
- 35-ANY OTHER MODE @ ADM.STAGE
- Bench
- C DOSHI
Holding
The court held that the interim visitation order is modified to allow the mother visitation on every working Monday at the Mediation Centre, as well as on the child's birthday and Hindu festivals, while the rest of the order remains in force.
Summary
The petition arose from an interim order of the Mehsana Family Court granting the mother visitation of her minor son on Sundays and festivals. The mother sought modification of the visitation schedule. The parties reached a joint consensus, which was presented before the Gujarat High Court. The High Court modified the order, allowing visitation on every working Monday between 10 am and 5 pm at the Mediation Centre, and also on the child's birthday and Hindu festivals. The remainder of the original order was left untouched. The Court directed the Family Court to decide the substantive custody matter within three months, without being influenced by either order. The order was forwarded to the Mediation Centre for implementation.
Issues considered
- Whether the interim visitation order can be modified to grant the mother visitation on Mondays at the Mediation Centre
- Whether the Family Court should be directed to decide the custody issue within a specified time frame
Subjects
Judgment
C/SCA/15152/2025 ORDER DATED: 03/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15152 of 2025
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PATEL NIKITABEN D/O PATEL HASMUKHBHAI MANILAL
Versus
PATEL BHUPENDRAKUMAR VISHNUBHAI
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Appearance:
MR RISHABH R JAIN(12326) for the Petitioner(s) No. 1
MR KUMAR TRIVEDI for MR KAASH K THAKKAR(7332) for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 03/07/2026
ORDER
1. Heard learned advocates for the respective parties.
2. Present petition arise from the order passed below Exh.7
in CMA No.6 of 2025, whereby the learned Family Court,
Mehsana in a petition for seeking custody of minor son, was
pleased to pass interim order permitting the petitioner mother
to visit the son on every Sunday between 10:00 am and 5:00
pm either at the opponent’s residence or within the Court
premises and also on the festivals as well as on the birth day
of the minor son.
3. A joint consensus has been arrived at between the
learned advocates for the parties and in their joint consensus,
the petition is disposed of in following terms.
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C/SCA/15152/2025 ORDER DATED: 03/07/2026
3.1 The impugned order is modified to the extent that the
petitioner would be entitled to have visitation right of minor
son on every working Monday between 10:00 am and 5:00 pm
at the Mediation Centre attached with District Court,
Mehsana. In addition thereto, the petitioner would also be
entitled to have visitation right of minor son in his birthday
and also on all Hindu festivals.
3.2 Remaining part of the impugned order shall continue to
operate.
3.3 Considering the nature of the litigation between the
parties, the learned Family Court is directed to decide the
issue as early as possible, preferably within three months
from the date of receipt of this order without being influenced
by its own order so also this order.
3.4 Copy of this order be forwarded to Mediation Centre,
Mehsana to facilitate for visitation right.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 03/07/2026 14:41:13
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