unjust.”While taking a humane approach, the Gujarat High Court in a most learned, laudable, landmark, logical and latest judgment titled Mansiben Wo Dharmendrabhai Keshavjibhai Ghetiya Do Bhagvanjibhai Ganeshbhai Bhimani vs Keshavjibhai Damjibhai Ghetiya in R/Special Civil Application No. 15369 of 2025 that was pronounced just recently on 23.03.2026, has minced absolutely just no words to hold in no uncertain terms that forcing a toddler to spend six hours on court premises every Thursday under the guise of access to grandparents is “uncalled for and unjust”. It must be noted that the Gujarat High Court made the key observation while it allowed a plea that had been filed by the mother of a two-and-a-half-year-old child challenging a Family Court order. :contentReference[oaicite:0]{index=0}
It must be borne in mind that the Family Court order had required her to bring the child to court every Thursday from 11 am to 5 pm to facilitate visitation with the paternal grandfather in a child custody dispute. We need to note that the single judge bench comprising the honorable Mr. Justice JC Doshi set aside the order, terming it as “unfathomable.” The bench pointed out that a minor aged barely two and a half years had been the subject of a custody dispute and had become a victim of an inhuman approach.
Petitions and Reliefs Sought
At the very outset, this progressive, pragmatic, pertinent, persuasive, and powerful judgment authored by the single judge bench comprising the Honorable Mr. Justice JC Doshi of the Gujarat High Court at Ahmedabad sets the ball in motion by first and foremost putting forth in para. 1 that:
- YOUR LORDSHIPS be pleased to issue appropriate writ, direction or order and be pleased to quash and set aside the impugned order dated 11.09.2025 passed by the Ld. I/C Judge, Family Court, Dhrol-Jodia below Ex. 19 in Civil Mis c. Application No. (DC) 03 of 2025, in the interest of justice;
- YOUR LORDSHIPS be pleased to stay the execution, operation and implementation of impugned order dtd. 11.09.2025 passed below Ex.19 in Civil Mis c. Application No. (DC) 03 of 2025, pending the admission, hearing and final disposal of this application;
- YOUR LORDSHIPS be pleased to grant such other and further reliefs, as are deemed fit, in the interest of justice.
Family Court Order Details
As we see, the bench then observes in para. 2 that:
order:The order passed below Exh.19 has been passed by the learned Family Court, Jodiya – Dhrol in CMA filed by the respondent – original petitioner herein u/s 12 of the Guardian and Wards Act, 1890 seeking permanent custody of minor son “A” (identity of the minor is hidden) from the petitioner -mother – mother. original petitioner is grandfather of the minor. During the pendency of the petition, the learned Family Court, without having any prayer below Exh. 19, passed the following order:-
| Clause | Order Description |
|---|---|
| 1 | Opponent is directed to remain present with minor at Family Court, Dhrol, on each working Thursday from 11:00 a.m. to 05:00 p.m. |
| 2 | Both parties to sit together; second husband barred from presence. |
| 3 | Food to be arranged; gifts and toys permitted. |
Factual Background Of The Case
To put things in perspective, the bench, while elaborating on the factual background of this leading case, states in para. 5 that:
Learned advocate for the petitioner—mother would submit that Exh.19 filed before the learned trial Court is just a pursis… (original text preserved)
Key Observations By The Court
No relief sought, yet order passed.
Having heard learned advocates for both sides… the learned Family Court passed an order beyond jurisdiction.
Condition Of The Minor
What further could be noticed from the impugned order is that the minor is barely two and a half years old… completely uncalled for and insensitive.
Legal Principles On Child Custody
In custody matters, family court is required to adopt a sensitive, humane, and child-centric approach.
- Child welfare over parental rights
- Non-adversarial proceedings
- Emotional and psychological considerations
- Avoid mechanical application of law
Supreme Court Reference
In Gaurav Nagpal v. Sumedha Nagpal, 2009(11) SCC 42, the Honorable Apex Court emphasized the welfare of the child as paramount.
Meaning Of Sensitive Approach
Thus, a “sensitive approach” in custody matters entails:
- Prioritizing the best interests and welfare of the child
- Child-friendly proceedings
- Considering developmental needs
- Avoiding rigid legalism
High Court’s Final Findings
Applying the settled legal position of law… forcing the petitioner mother and the minor to visit court premises on every Thursday under the guise of access to grandparents is uncalled for and unjust.
Criticism Of Family Court Approach
It is also to be noted that some other orders passed… This kind of harsh and obdurate approach of the court is unacceptable.
Important Precedent: Rosy Jacob Case
“The children are not mere chattels… the welfare of the minor children must prevail.”
Final Order
With the above observations and findings, the present petition is allowed. The impugned order dated 11.09.2025 is hereby quashed and set aside.
