HC appoints commissioner to ascertain child’s wish about her custodyhttps://indianexpress.com/article/cities/ahmedabad/hc-appoints-commissioner-to-ascertain-childs-wish-about-her-custody/

HC appoints commissioner to ascertain child’s wish about her custody

Solving a dispute between a divorced couple over the custody of their nine-year-old daughter,the Gujarat High Court appointed a court commissioner on Monday to ascertain whether the girl wants to stay with her mother during the Diwali vacation.

Solving a dispute between a divorced couple over the custody of their nine-year-old daughter,the Gujarat High Court appointed a court commissioner on Monday to ascertain whether the girl wants to stay with her mother during the Diwali vacation.

As per the case details,Shilpa Shinde and Sujit Munshi from Vadodara were married and they had a daughter — Akshada. Owing to certain issues,the couple had procured divorce.

According to the divorce decree,custody of the girl was granted to her father during weekdays and to her mother during weekends.

Sources said Shilpa had gone abroad for some work. On her arrival in Gujarat,she discovered that her daughter has been admitted to a boarding school in Bharuch district.

Advertising

When Shilpa went to meet her daughter at the boarding school,the authorities there did not allow her to meet Akshada. So,Shilpa moved high court with a plea to meet her daughter. The HC had passed an order that the girl be admitted to some other school in Vadodara,so that her mother can meet her during weekends.

Sujit challenged the order before the Division Bench of Chief Justice K S Radhakrishnan and Justice Akil Kureshi.

During the hearing of Sujit’s appeal,Shilpa moved an application that she be allowed custody of her daughter during the upcoming Diwali vacation. Following the application,Akshada was interviewed by the court and she stated that she does not want to go with her mother.

However,to this,Shilpa argued that her daughter is giving ‘parroted’ statements under Sujit and his relatives’ “influence”. Following this,the court passed the order and appointed a court commissioner to ascertain the wish of the girl. “…we feel it appropriate to appoint an officer of this court…who will meet the child and ascertain the wishes of the child as to whether she wishes to stay with her mother for a few days during Diwali vacation. The wishes be ascertained in presence of the mother as well as in her absence,” the court ordered,adding that the father will not be present during the court commissioner’s visit to the boarding school.

The court said it will take the decision after getting report of the court commissioner.