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. 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