CR.RA/162/2003 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL REVISION APPLICATION No. 162 of 2003 For Approval and Signature: HONOURABLE MR.JUSTICE BANKIM.N.MEHTA ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? No. 2 To be referred to the Reporter or not ? No. 3 Whether their Lordships wish to see the fair copy of the judgment ? No. 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? No. 5 Whether it is to be circulated to the civil judge ? No. ========================================================= SUSHILABEN W/O DINESHBHAI MOTIBHAI AND D/O RAYAJIBHAI - Applicant(s) Versus STATE OF GUJARAT & 1 - Respondent(s) ========================================================= Appearance : MR BHARAT K DAVE for Applicant(s) : 1, MR KC SHAH APP for Respondent(s) : 1, HL PATEL ADVOCATES for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE BANKIM.N.MEHTA Date : 14/05/2008 ORAL JUDGMENT 1. Petitioner has filed this revision application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 and CR.RA/162/2003 2/3 JUDGMENT challenged judgment and order dated 24-3-2008 passed by learned J.M.F.C., Lunawada in Criminal Misc. Application No.4 of 2003, whereby the Court granted custody of minor daughter (i) Gunjal and (ii) Jaimini to the respondent No. 2 – husband. 2. Leaned advocate Mr. B.K. Bhatt for the petitioner – wife and learned advocate Mr. Dhaval Vakil appearing on behalf of M/s. H.L. Patel Advocates for respondent No. 2 state that this Court (Coram : Sharad D. Dave, J.) by order dated 10-4-2003 granted custody of daughter Gunjal to respondent No. 2 – husband whereas custody of minor daughter Jaimini was given to the petitioner wife and the parties have agreed to keep the custody of their children as per order dated 10-4-2003, and therefore the impugned order be set aside and custody of minor daughter Gunjal be given to respondent No.2 – husband and custody of minor daughter Jaimini be given to the petitioner - wife and this matter may kindly be disposed of. 3. In view of above consensus between the parties, this revision application is partly allowed and the judgment and order dated 24-3-2008 passed by learned J.M.F.C., Lunawada in Criminal Misc. Application No.4 of 2003 is modified and custody of minor daughter Gunjal CR.RA/162/2003 3/3 JUDGMENT be given to respondent No. 2 – husband and custody of minor daughter Jaimini be given to the petitioner. Rule is made absolute to the aforesaid extent. (Bankim N. Mehta, J.) /JVSatwara/