Bombay High Court
Dr. Dhiraj S/O Ramshankarji Gupta vs Dr. Radhika W/O Dr. Dhiraj Gupta @ ... on 21 April, 2022
Bench: S.B. Shukre, Mukulika Shrikant Jawalkar
27 fca 42-2018.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CIVIL APPLICATION (CAO) NO. 853 OF 2019
WITH
CIVIL APPLICATION (CAO) NO. 855 OF 2019
WITH
CIVIL APPLICATION (CAO) NO. 25 OF 2020
WITH
CIVIL APPLICATION (CAO) NO. 618 OF 2020
WITH
CIVIL APPLICATION (CAO) NO. 265 OF 2022
WITH
CIVIL APPLICATION (CAO) NO. 269 OF 2022
IN
FAMILY COURT APPEAL NO. 42 OF 2018
Dr. Dhiraj S/o Ramshankarji Gupta
...Versus...
Dr. Radhika W/o Dr. Dhiraj Gupta @ Dr. Reshma Tarannum Mohd. Nasar Inamdar
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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Shri J.M. Gandhi, Advocate for petitioner
Shri A.A. Naik, Advocate with Shri Masood Shareef, Advocate for respondent
CORAM : SUNIL B. SHUKRE & SMT. M.S. JAWALKAR, JJ.
DATE : 21/04/2022
Shri Naik, learned Counsel for the respondent
submits that as there is difficulty in the family of learned
Senior Advocate Shri Kaptan, it would not be possible for
the learned Senior Advocate to attend today's hearing in the
Court. He, therefore, prays for short adjournment and makes
a request for keeping the matter tomorrow.
27 fca 42-2018.odt
2. Shri Gandhi, learned Counsel for the petitioner
does not have any objection in granting short adjournment,
but he puts a condition for adjourning the matter. He
submits that tomorrow is the birthday of the father of the
child and therefore, the father of the child, Dr. Dhiraj Gupta,
wants to celebrate his birthday in the company of his child.
He submits that at least, Master Rajveer be allowed to spend
entire evening and night with his father so that he can join
the birthday celebrations.
3. Shri Naik, learned Counsel, on instructions,
submits that the mother is willing to part with the custody of
the child for some hours tomorrow and her willingness is
voluntary. He submits that as per the convenience of father
of the child, custody of the child can be handed over to the
father temporarily for some hours and according to him,
convenient hours would be between 5.00 p.m. to 9.00 p.m.
Thereafter, custody of the child would be required to be
given back to the mother of the child.
4. Considering the arrangements made by this
Court as per the agreement reached between the parties and
which is recorded in the judgment dated 26/07/2018 by this
Court, we direct that the father of the child shall be allowed
access to the child on 22/04/2022 between 5.00 p.m. to
9.00 p.m. and during this time, the child shall be in the
27 fca 42-2018.odt
temporary custody of the father and on expiry of the time,
the child shall be given back into the custody of his mother.
5. At the request of learned Counsel for the father,
put up on 25/04/2022 at 2.30 p.m.
(JUDGE) (JUDGE)
Jayashree..
Signed By:JAYASHREE SHARAD
SHINGNE
Signing Date:21.04.2022 19:23
