Koushik Jagathalaprathaban vs Karishma Ashokkumar Upadhyay
2021 Latest Caselaw 16030 Bom

                  Digitally signed
      IRESH       by IRESH
                  SIDDHARAM
      SIDDHARAM   MASHAL
      MASHAL      Date: 2021.11.20
                  16:08:34 +0530




                                                                                17.6649.21 WP.doc

ISM
                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                                CIVIL APPELLATE JURISDICTION

                                             CIVIL WRIT PETITION NO. 6649 OF 2021

                    KOUSHIK JAGATHALAPRATHABAN                                  ....PETITIONER

                                     V/s.

                    KARISHMA ASHOKKUMAR UPADHYAY                          .....RESPONDENT

                    Ms. Aarti Sathe a/w Ms. Aasavari Kadam a/w Ms. Madhusmita for
                    the petitioner


                                               CORAM :    NITIN W. SAMBRE, J.

                                               DATE:      NOVEMBER 18, 2021.

                    P.C.:

                    1]               Drawing support from the Judgment of the Apex Court in the

matter of Rosy Jacob Vs. Jacob A. Chakramakkal [AIR 1973 2090],

the submissions of learned counsel for the applicant are, order of

custody is always subject to variation as such orders never attain

finality.

2] The contention of the learned counsel for the petitioner that

consent Decree drawn in 2017 which provides for a joint custody of

17.6649.21 WP.doc

the child is subject to variation by inbuilt clause in the consent

Decree as respondent has got remarried.

3] Family Court has refused to exercise the jurisdiction on the

ground that there is appropriate remedy available to the petitioner by

filing the petition under the Guardians and Wards Act.

4] In view of the law cited from the Judgment of the Apex Court in

the matter of Rosy Jacob [cited supra], issue notice for final disposal,

returnable on 17/01/2022. In addition to court notice, petitioner is

permitted to serve the respondent by speed post/registered post A.D.

and file affidavit of service to that effect before returnable date.

[NITIN W. SAMBRE, J.]