the Gujarat HC quashed and set aside the September 2025 order of the family court, stating that the order was "no less than parti pris (prejudiced)."Expressing “utter surprise” and calling a family court’s approach “inhuman” and “unfathomable”, the Gujarat High Court Monday set aside an order directing a woman to remain in court for six hours every Thursday with her two-and-a-half-year-old son to facilitate access to his grandfather, observing that “children are not mere chattels or playthings for parents.”The single judge bench of Justice J C Doshi was hearing a petition filed by the woman, challenging the September 2025 order of the Dhrol-Jodia Family Court that passed directions to her based on a plea filed by the child’s paternal grandfather seeking permanent custody of her minor son under the Guardian and Wards Act, 1890. The grandfather said he lost access to his minor grandson after the mother remarried, soon after the death of the child’s father, his son.The family court also passed a common order directing the mother to celebrate the child’s birthday in the court premises, as well as for the minor to remain present to observe the first death anniversary of his father in a diamond factory in Dhrol.Emphasising that family courts must adopt a sensitive and humane approach, the Gujarat HC quashed and set aside the September 2025 order of the family court, stating that the order was “no less than parti pris (prejudiced).”The bench noted the submissions of the woman’s lawyer that the family court passed an order directing her to remain present on every working Thursday in the court, along with her son, between 11 am and 5 pm, and granted access to the grandfather, although he had claimed no such relief in his original petition.Terming the family court’s order as “an illogical approach”, the petitioner’s lawyer also submitted before the high court that the impugned order further restrained the second husband of the woman from being present in court during the designated time, despite not being a party to the proceedings.The high court noted that the family court also directed both parties to “take care of food for minor in the court premises” and allowed the grandfather to give gifts, clothes, and toys to the child while directing that “opponent (mother) will accept it and permit the minor to use it and will cooperate in such access.”Story continues below this adThe high court also considered the submission that the family court called for the report from the medical officer of a hospital about the child’s condition though no one prayed or asked for it, thereby, “doubted the reason stated by the petitioner mother in seeking time to file reply” and also passed the said order on the basis of “unilateral declarations” made by the grandfather.The HC also termed as “completely uncalled for and insensitive” the family court’s finding that the “mother is not leaving the minor from her lap for a single moment”, which is creating obstacle in obtaining Children Assessment Report”, in the context of the minor child constantly crying in the court and “intending to go outside with his mother and stepfather”.“It is also to be noted that some other orders passed in other applications are found to be not befitting to the principle of best interest and welfare of a child… This kind of harsh and obdurate approach of the court is unacceptable…”Stating that the courts must act as the “guardian of the child’s best interest” rather than strictly adjudicating adversarial claims, the Gujarat High Court said the proceedings should be “conducted in a manner that minimises trauma… and must exercise discretion with empathy, patience and sensitivity to the emotional needs of the child…”Story continues below this ad“Barely two and a half years old minor has become the subject matter in a custody dispute and thereby, has become a victim of an inhuman approach. The petitioner-mother, who has just contracted a second marriage, is forced to visit the court along with the minor… that too at an interim stage… under the guise of access to grandparents is uncalled for and unjust. A lot more can be said, but this court restrained itself from observing further.”Aditi Raja is an Assistant Editor with The Indian Express, stationed in Vadodara, Gujarat, with over 20 years in the field. She has been reporting from the region of Central Gujarat and Narmada district for this newspaper since 2013, which establishes her as a highly Authoritative and Trustworthy source on regional politics, administration, and critical socio-economic and environmental issues. Expertise: Core Authority & Specialization: Her reporting is characterized by a comprehensive grasp of the complex factors shaping Central Gujarat, which comprises a vast tribal population, including: Politics and Administration: In-depth analysis of dynamics within factions of political parties and how it affects the affairs in the region, visits of national leaders making prominent statements, and government policy decisions impacting the population on ground. Crucial Regional Projects: She consistently reports on the socio-economic and political impact of infrastructure projects in the region, especially the Statue of Unity, the Sardar Sarovar Project on the Narmada River, the Mumbai-Ahmedabad High Speed Rail bullet train project as well as the National Highway infrastructure. Social Justice and Human Rights: Her reporting offers deep coverage of sensitive human-interest topics, including gender, crime, and tribal issues. Her reports cover legal proceedings from various district courts as well as the Gujarat High Court (e.g., the Bilkis Bano case remission, POCSO court orders, Public Interest Litigations), the plight of tribal communities, and broader social conflicts (e.g., Kheda flogging case). Local Impact & Disaster Reporting: Excels in documenting the immediate impact of events on communities, such as the political and civic fallout of the Vadodara floods, the subsequent public anger, and the long-delayed river redevelopment projects, Harni Boat Tragedy, Air India crash, bringing out a blend of stories from the investigations as well as human emotions. Special Interest Beat: She tracks incidents concerning Non-Resident Gujaratis (NRIs) including crime and legal battles abroad, issues of illegal immigration and deportations, as well as social events connecting the local Gujarati experience to the global diaspora. ... 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