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Judgment
Bhargav D. Karia, J
Heard learned advocate Mr.Premal Rachh for the appellant through video conference.
Learned advocate for the appellant submitted that the minor daughter “Manyata†of the appellantÂoriginal opponent before the Family Court is
residing with the appellant since her birth in the year 2014. It was submitted that the Family Court, Jamnagar though rejected the prayer of the
respondentsÂoriginal applicants who are grandmother and uncle of minor child “Manyata†for guardianship however, without assigning any
reason in the impugned order, it is provided that the respondents can avail regular access of the minor child “Manyata†in the Family Court,
Jamnagar on 3rd Monday of each Month from 14:00 p.m. to 15:30 p.m. and further the respondents can avail the access of the minor child
“Manyata†for 10 days in every Summer vacations.
It was further submitted that the appellant applied for extension of the stay which was granted by the Family Court, Jamnagar upto 31.05.2021.
However, the same was not extended and therefore, the appellant has moved this matter for urgent hearing.
Learned advocate Mr. Rachh therefore, submitted that considering the facts of the case, and more particularly, when it is an admitted position that the
respondents Âgrandmother and uncle of the minor child “Manyata†are having criminal records, it would not be in the interest of the minor child to
be with respondents for 10 days during the Summer vacations.
Considering the above submissions, issue Notice for final disposal returnable on 15th June, 2021.
Meanwhile, there shall be stay of the implementation and execution of the impugned order dated 1st April, 2021 passed by the Principal Judge, Family
Court, Jamnagar in Civil Misc. Application No.6 of 2019 so far as it relates to the visitation rights and access to the respondents for 10 days in
Summer vacations of minor Child “Manyata†till the next date of hearing .
Direct service is permitted.