Bombay High Court
Sau. Reshma Sumedh Bawaskar vs Sumedh S/O Sudhakar Bawaskar on 22 December, 2022
Bench: Avinash G. Gharote
01. CAF 2888 of 2022.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CIVIL APPLICATION (CAF) NO.2888/2022
IN
FIRST APPEAL ST. NO.21569/2022
Sau. Reshma Sumedh Bawaskar
...Versus...
Sumedh S/o Sudhakar Bawaskar
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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 Raju Kadu, Advocate for applicant
CORAM : AVINASH G. GHAROTE, J.
DATE : 22/12/2022
1. Shri Kadu, learned counsel for the applicant, on
instructions, states that there is no objection if the father is
permitted to meet the son and have an interaction with him.
The plea however is that the physical custody of the son ought
not to have been transferred in pursuance to the judgment
dated 15/06/2019 in Guardian & Wards Case No.9/2019
(Sumedh Sudhakar Bawaskar Vs. Sau. Reshma Sumedh
Bawaskar) passed by the Principal District Judge, Buldana,
which is put to execution.
2. The present civil application seeks condonation of
delay of 481 days caused in filing the appeal against the
01. CAF 2888 of 2022.odt
judgment dated 15/06/2019 on the ground of Covid-19 and
the judgment of the Hon'ble Apex Court in Suo Motu Writ
Petition No.3/2020 dated 23/03/2020 and 27/04/2021. It is
further stated, that under a mistaken legal advice the impugned
judgment was challenged by way of Writ Petition
No.7473/2022, where though by an order dated 08/12/2022
an interim relief was granted, however, the petition has been
withdrawn as it was pointed out that the remedy of appeal was
available.
3. Considering the above position, in view of the
quantum of delay and the reasons given, the delay in filing the
first appeal is condoned. The civil application is allowed. Office
to register the appeal.
FIRST APPEAL ST. NO.21569/2022
Issue notice to the respondent, returnable on
16/01/2023.
CIVIL APPLICATION (CAF) NO.2889/2022
1. Issue notice to the respondent, returnable on
16/01/2023.
2. The civil application seeks stay to the effect and
operation of the judgment dated 15/06/2019 passed by the
01. CAF 2888 of 2022.odt
learned Principal District Judge, Buldana in Guardian & Wards
Case No.9/2019, which directs handing over the custody of the
ward by the appellant-mother to the father, which judgment is
ex parte and has been put to execution in Darkhast
No.272/2019 (page 46). It is contented that though there is no
order issuing warrant for production of the minor child, the
police authorities have visited the parental house of the
appellant in search of the child to take his custody and deliver
it to the father in the aforesaid execution proceedings.
3. Considering the fact that it is an admitted position
that the child is in the custody of the mother since beginning
any disruption of the custody would naturally affect the well
being of the minor and the fact that in Writ Petition
No.7473/2022 an interim relief was granted by the order
dated 08/12/2022, by an ad interim ex parte order, the effect
and operation of the judgment dated 15/06/2019 passed by
the learned Principal District Judge, Buldana in Guardian &
Wards Case No. 9/2019 is hereby stayed till the returnable
date.
(AVINASH G. GHAROTE, J.)
Signed By:SHRIKANT
DAMODHAR BHIMTE Bhimte
Signing Date:22.12.2022 18:10
