Nitesh Kawaduji Meshram vs Diksha W/O Nitesh Meshram
2022 Latest Caselaw 474 Bom

                                                                                            (1)                                                 44.revn.13.2021

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

                              CRIMINAL REVISION APPLICATION NO.13 OF 2021

                                                             Nitesh Kawaduji Meshram
                                                                       Vs.
                                                            Diksha w/o Nitesh Meshram
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Office Notes, Office Memoranda of Coram,                                                                       Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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             Ms. K. M. Joshi, Advocate for applicant.
             Ms. S. H. Bhatia, Advocate for non-applicant (appointed)


                                                                             CORAM :                     AVINASH G. GHAROTE, J.

DATE : 13/01/2022

Heard Ms. Joshi, learned counsel for the applicant as well as Ms. Bhatia, learned counsel for the non-applicant.

2. The application challenges the order dated 22.11.2018 passed by the learned Judicial Magistrate First Class, granting the custody of the child to the non-applicant - mother from the custody of the father - applicant and the consequent Judgment of the learned Sessions Court dismissing the appeal on 23.09.2019.

3. The custody of the child is admittedly with the mother - non-applicant as of now. Ms. Joshi, learned counsel for the applicant submits, that the claim for custody of the child is being given up by the applicant and instead of which, a claim for access to the child, is being made. Ms. Joshi, learned counsel submits that the (2) 44.revn.13.2021

applicant - father, claims access to the child on first and third Saturday of every month before the Trial Court, between 1.00 p.m. to 4.00 p.m.

4. Ms. Bhatia, learned counsel for the non- applicant submits, that the above claim for access of child by the applicant is acceptable to the non-applicant. In view of the statement made by Ms. Joshi, learned counsel for the applicant that the applicant is not pressing for custody of the child, the present application is disposed of.

5. The statement made by Ms. Bhatia, learned counsel for the non-applicant - mother on instructions, that the access of the child shall be given to the applicant - husband on first and third Saturday of each month between 1.00 p.m to 4.00 p.m in the Court premises before the Trial Court is accepted and be acted upon.

6. Appropriate fees as per schedule be paid to Ms. Bhatia, the appointed learned counsel.

JUDGE

Sarkate Digitally signed byANANT R SARKATE Signing Date:14.01.2022 14:51