of age, then, it would be appropriate to hand over the custody of
such minor to her mother except for the reason that mother is not
capable to ensure the welfare of the minor. It is an admitted
position on record that there is no evidence available on record to
prove that mother is otherwise unable to support the minor or to
ensure her welfare. With regard to the education of the minor girl,
the reasonings by the Family Court is not proper inasmuch as the
father is residing in a small village, namely, Jetpur-Pavi from
where minor has to travel for 30 kms. on one side to attend the
school. Thereby, total 60 kms. in a day in public transport bus, and
therefore, petitioner is right in submitting that welfare of the child
even on the count of her studies are well within the control of the
mother, who is residing in Vadodara city with her parents and they
are ready and willing to take care of the minor even in Vadodara,
where she does not need to travel for 60 Kms. in a day to attend the
school. It is also apprehended by the petitioner – wife that life of
minor - girl is in danger during such travelling to 60 Kms. per day,
as the road is crossing the river, which is dangerous and many
children had died when one such bus had fallen into the river from
the bridge. Therefore, there is substance in the petition so far as
custody of the minor is concerned, which certainly needs to be
passed on from father to the mother.
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 2066 of 2015
SEJAL JITENDRA BHAGAT - PATEL....Petitioner(s)
Versus
JITENDRA BABUBHAI BHAGAT - PATEL....Respondent(s)
CORAM: HONOURABLE MR.JUSTICE S.G.SHAH
Date : 23/09/2015
Citation;AIR 2016 Gujarat 13
