Shri. Nilesh S/O. Ganeshrao Alone vs Smt. Manisha W/O. Nilesh Alone And ...
2018 Latest Caselaw 207 Bom

Cri.W.P. No.785/2017                           1

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   NAGPUR BENCH, NAGPUR

                    CRIMINAL WRIT PETITION NO.785 OF 2017

Petitioner               :      Shri Nilesh s/o Ganeshrao Alone,
                                Aged about 32 years, Occupation : Service,
                                R/o. C/o. Office of Superintendent, 
                                Railway Mail Services, F. Division, 
                                Sorting Assistant, GPO, Civil Lines, Nagpur.

                                -- Versus --

Respondents              :   1] Smt. Manisha w/o Nilesh Alone,
                                Aged about 37 years, Occupation : Service,
                                R/o. C/o. Sudhakar Balkrishna Patil, 
                                29/7, MIG Colony, Trimurti Nagar, Nagpur.

                             2] Master Parth s/o Nilesh Alone,
                                Aged 4 years, through Natural Guardian Mother,
                                Smt. Manisha N. Alone, i.e. N.A. No.1 as above.

                  =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                    Shri A.V. Bhide, Advocate for the Petitioner.
                  Mrs. K.S. Lakshmi, Advocate for the Respondents.
                  =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

                          C ORAM :  S.B. SHUKRE, J.

                         DATE     :  9
                                        th  JANUARY, 2018.


ORAL JUDGMENT :-


                Rule.    Rule   made   returnable   forthwith.     Heard   finally   by

consent.  


02]             After hearing this matter for some time, the learned Counsel for

the respondents states on instructions that the respondents would have no

objection in giving access of Parth to the petitioner on every Saturday

between 05:00 p.m. and 06:30 p.m. at N.I.T. Garden, Trimurti Nagar, Nagpur

till final disposal of Petition No.E-91/2015, pending before the Family Court

at Nagpur.

03] The learned Counsel for the petitioner is agreeable to such an

arrangement enabling the petitioner to exercise his visitation right in respect

of child-Parth.

04] In view of the above, it is directed that the access of Parth shall

be allowed to the petitioner by the respondent-wife on every Saturday

starting with 13th January, 2018 from 05:00 p.m. to 06:30 p.m. at N.I.T.

Garden, Trimurti Nagar, Nagpur till final disposal of Petition No.E-91/2015

pending before the Family Court at Nagpur, subject to the condition that on

or before 12th January, 2018, the petitioner shall deposit in the Family Court

at Nagpur an amount of Rs.10,000/- as interim educational expenses of the

child. The impugned order is thus quashed and set aside.

05] Rule is made absolute in the above terms.

06] Authenticated copy of the order be furnished to the learned

Counsel for the parties.

(S.B. SHUKRE, J.) *sdw