1. The present Civil Application has been filed by the applicant for modification of the order passed by this Court earlier in Civil Application No.4161/2011 in First Appeal No.1107/2011 dated 19.07.2011 with regard to visitation right granted to the respondent. First Appeal No.1107/2011 is filed challenging the order passed by the learned Additional District Judge, Bhavnagar in Civil Misc. Application No.47/2005 dated 22.12.2010, under the provisions of the Guardians and Wards Act regarding custody of the minor children.
2. Thereafter, another First Appeal No.2454/20011 is preferred before the Division Bench of this Court challenging the order passed by the Family Court in Family Suit No.118/2008 regarding the dissolution of marriage under the Hindu Marriage Act. The Division Bench [ Coram : Jayant Patel and R. M. Chhaya, JJ. ] has passed an order that the present First Appeal No.1107/2011 requires to be heard with First Appeal No.2454/2011 pending before the Division Bench for final hearing as the parties are same and it arising out of matrimonial dispute.
3. In these circumstances, the matter requires to be heard by the Division Bench in view of the order of the Division Bench passed in First Appeal No.2454/2011 dated 28.09.2011.
4. Registry is directed to place this matter before the Hon'ble the Acting Chief Justice for appropriate orders for placing it before the appropriate Bench in view of the aforesaid development.
[ RAJESH H. SHUKLA, J. ] vijay Top