As per the case details,
As hearing of the plea could not take place at the local court, she moved a habeas corpus application through her lawyer S L Vaishya in the high court and sought custody of the children from her husband. The court had issued notice to the
The lawyer submitted that as the children are of tender age, the custody should be given to the mother as she can take better care than the husband. On the other hand, the husband was not inclined to give back custody of the children. After talking with both parties, the bench of Justices Sonia Gokani and N V Anjaria directed
While disposing of the petition, the court said that Mohit Sharma has attempted the mediation between the parties and also declared before us that the parties have amicably settled the disputes where the wife has agreed and already joined her matrimonial home. “We have both husband and wife before us who have ensured to respectively live together and maintain each other’s dignity.”
The court further advised, “They also have been specifically conveyed that they not being the spouses alone but parents as well, shall need to act with more maturity and steadily for their manner of cohabitation and cooperation shall have a deep impact on the lives of both the children. It is by their own conduct at home they shall shape the future of children as home is the biggest and the most important educational institution in every child’s life.”
The court further said, “We are expecting and hoping that this mutual decision of the spouses of restarting their marital life peacefully shall continue to govern them. However, if any dispute arises in a near future, as both the children are very young and as the law requires, the custody of the young children shall be with the mother.”
(Names have been changed to protect identity)
■ Magistrate to monitor the Tharad couple
In the near future, there shall be monitoring and guidance from the Presiding Officer of the Court of Judicial Magistrate First Class, Tharad. Let Mohit Sharma, Judicial Magistrate First Class, Tharad, at least for a period of six months, call the spouses at the interval of a fortnight twice initially and after that, at the interval of four to six weeks as he may deem appropriate. This will help them in ironing out the creases and also further strengthen their bonds as spouses. The father of the woman is also before us and he has also ensured the best cooperation in the entire process.
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