Allegation on Wife’s Extra Marital Affairs Doubtful and It Doesn’t Harm Children: Gujarat High Court Refuses To Grant Custody of Children to Father
Case: Shehjada Hanifbhai Patel vs Bilkis W/O Shahejada Hanifbhai Shehjada Hanifbhai Patel vs Bilkis W/O Shahejada Hanifbhai
Coram: Justice Ashokkumar Joshi
Case No.: C/SCA/20048/2021
Court Observation: “In exercise of its power of superintendence, High Court cannot interfere to correct mere errors of law or fact or just because another view than the one taken by the tribunals or Courts subordinate to it, is a possible view,”
“The learned Family Judge has considered the said aspect and has opined that there is nothing on record to show as to how it is unsafe for his children and as to how the life of his children is at stake with the respondent herein. Further, so far as the allegations qua the character of the respondent is concerned, the learned Family Judge has opined that the same could not be believed only on the basis of the FIR, Photographs and/or the chatting details. It is further observed by the learned Family Judge that by virtue of an order passed below Exh. 6, visitation right has been granted to the petitioner and the respondent herein has been complying the said order scrupulously.”
“An improper and a frequent exercise of this power would be counterproductive and will divest this extraordinary power of its strength and vitality. The power is discretionary and has to be exercised very sparingly on equitable principle.” “There was no perversity in the order of the Appellate Tribunal on the basis of which the High Court could have interfered. In our view, the High Court tested the legality of the order of the Tribunal through the lens of an appellate body and not as a supervisory Court in adjudicating the application under Article 227.”
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Keywords
Extra Marital Affairs, Custody of Children
