MITTALBEN MANHARLAL MEHTA W/O HIRENKUMAR VASANTLAL SUKALversusHIRENKUMAR VASANTLAL SUKAL
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- C DOSHI
Holding
The Special Civil Application is allowed; the impugned order is quashed and the matter remanded for fresh hearing.
Summary
The petitioner challenged the Family Court's order that granted the father visitation rights every Sunday from 10 a.m. to 7 p.m. and directed interim custody to be handed over after 7 p.m. The High Court observed that the trial court had not examined the child's welfare or the child's wishes, effectively treating the child as a chattel. It further noted that the order amounted to an interim custody arrangement disguised as visitation, which required constant supervision. The Court declined to delve into the merits but, at the request of counsel, quashed the order and remanded the matter to the Family Court for a fresh hearing focusing on the child's welfare and wishes. Consequently, the Special Civil Application was allowed and the impugned order set aside.
Issues considered
- Whether the Family Court's visitation order, issued without considering the child's welfare and wishes, is valid.
- Whether the order amounts to an interim custody arrangement that should be quashed.
- Whether the matter should be remanded to the Family Court for fresh consideration.
Subjects
Judgment
C/SCA/2881/2026 ORDER DATED: 17/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 2881 of 2026
=====================================================
MITTALBEN MANHARLAL MEHTA W/O HIRENKUMAR
VASANTLAL SUKAL
Versus
HIRENKUMAR VASANTLAL SUKAL
=====================================================
Appearance:
MR KAMLESH S KOTAI(6150) for the Petitioner(s) No. 1
K T BELADIYA(9101) for the Respondent(s) No. 1
=====================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 17/03/2026
ORDER
1. The order below Exhibit-14 in CMA No.10 of 2025 passed
by the learned Principal Judge, Family Court, Gandhinagar is
challenged by way of this SCA.
2. In the impugned order, the learned Family Court granted
the visitation right to the father on each Sunday from 10:00 a.m.
to 7:00 p.m. and also directed the respondent herein to handover
the interim-custody of the minor to the present petitioner after
7 o’ clock.
3. On perusal of the order, what appears that the learned trial
Court that, on a philosophical way, granted the visitation rights
without examining two aspects, firstly, the welfare of the child
and secondly, the wish of the child, and treated the child as a
chattel to grant the interim-custody for a particular period to the
father and thereafter to the mother.
Page 1 of 2
C/SCA/2881/2026 ORDER DATED: 17/03/2026
4. This Court failed to understand that how such order,
which requires a constant supervision, can be passed to grant
the visitation rights. Rather, it is a grant of interim-custody
under the garb of granting the visitation rights.
5. While a lot more can be observed by this Court in regards
to the order passed by the learned Court below; however,
without delving further into the merits of the case, when the
learned advocates appearing for both the sides would request
this Court to quash and set aside the order and to remand the
matter back to the learned Family Court, Gandhinagar for fresh
consideration of the application under Exhibit-14 to be decided,
more particularly on the ground to obtain the wish of the minor
child and keeping in mind the welfare of the minor child, I am
inclined to remand back the matter for the fresh hearing .
6. For the reasons stated hereinabove, this SCA is allowed to
the aforesaid extent. Accordingly, the impugned order passed
below Exhibit-14 is quashed and set aside and the matter is
remanded back to the learned Principal Family Judge, Family
Court, Gandhinagar for deciding the application under Exhibit-
14 afresh in accordance with law.
(J.C. DOSHI, J.)
Raj
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RAJ SUBHASH DHOBI(HC01779), Private Secretary, at High Court of Gujarat on 17/03/2026 16:49:31
Page 2 of 2
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.