(1.) Both these petitions arise out of the common judgment and order passed by the Judge, Family Court No.5, Ahmedabad dtd. 16/2/2022 below Exhs.5 and 22 in Civil Miscellaneous Application No.83 of 2021, and therefore, they are proposed to be disposed of by this common order.
(2.) Special Civil Application No.5611 of 2022 is filed by Devshri, daughter of Hemantkumar Shastri, wife of Nilkanth Trivedi, who preferred application, Exh.22 in the aforesaid Civil Miscellaneous Application filed before the Family Court raising preliminary issue to dismiss the suit as also praying restoring custody of daughter 'Dhanashri' to her. Since her application, Exh.22, is rejected by the impugned common judgment and order, she has preferred the aforesaid Special Civil Application.
(3.) For the sake of brevity and convenience in this order, the parties would be referred to hereinafter as husband and wife.