Bombay High Court
Shrikant S/O Shankar Dabhane vs Shweta W/O Shrikant Dabhane on 10 March, 2022
Bench: Avinash G. Gharote
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR.
CRIMINAL WRIT PETITOIN NO. 522/2021
(Shrikant S/o Shankar Dabhane Vs. Shweta W/o Shrikant Dabhane)
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
Mr. D. V. Chavan, Advocate for petitioner.
Dr. (Mrs.) R. S. Sirpurkar, Advocate for respondent.
CORAM :- AVINASH G. GHAROTE, J.
DATED :- 10.03.2022
Heard Mr. Chavan, learned counsel for the
petitioner and Dr. (Mrs.) Sirpurkar, learned counsel for
the respondent.
2 The petition challenges the order dated
08.04.2021, passed by the learned JMFC, Kalmeshwar in
proceedings under Section 12 of the Protection of Women
from Domestic Violence Act ('D.V. Act') in which while
allowing the application under Section 23 of the D.V. Act,
directing the custody of the child Purvit aged about two
and half years as of now, to be handed over to the
respondent/mother, the petitioner was directed to file an
application for visitation rights independently. The
learned Sessions Court has dismissed the appeal vide
judgment 05.07.2021
3. Since the petition arises out of an interim
order in proceeding pending before the learned JMFC
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under the DV Act, though the mediation has failed, the
learned counsel for the parties were requested to get
back to this Court on the issue of visitation by the
petitioner/father in view of which the respondent/wife,
has tendered pursis across the bar dated 07.03.2022
indicating access terms, which taken on record and
marked as 'X' for identification in which it is stated that
the physical access of the child would be permitted to
the petitioner/father on every second and forth Saturday
between 02.00 p.m. to 05.00 p.m. at three places out of
which the petitioner has chosen to have access at
Municipal School No. 3 Kalmeshwar. The access terms
also indicate access to the child every First and Third
Sunday between 4.00 p.m. to 05.00 p.m. by Video Call.
Mr. Chavan learned counsel for the petitioner, makes a
request that this could be increased, considering which
Mrs. Sirpurkar, learned counsel for respondent states
that this can be done on every Thursday and Sunday in
between 04.00 pm to 05.00 pm in addition to the
physical access. Considering the willingness of the
respondent/mother to grant access, without going into
the merit of the matter, it is directed as under.
(I) The respondent/mother shall grant physical
access of the child Purvit to the petitioner on every
second and fourth Saturday of each month at Municipal
School No. 3, Kalmeshwar between 12.00 noon to 04.00
pm.
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(II) The petitioner shall have virtual access by
way of video call to the child on every Thursday and
Sunday between 04.00 pm to 05.00 pm.
(III) It is made clear that these are only direction
of an interim nature since the petition itself questions
interim order and any final order regarding the access,
visitation right and custody shall be subject to the final
result of the proceeding pending before the learned
JMFC.
(IV) Any application made for interim custody of
the child on account of festival shall be independently
considered by and decided by the learned JMFC.
(V) Petition stands disposed of in above terms.
(VI) Learned JMFC shall decide the DV
proceeding as far as possible within a period of one year
from today.
(AVINASH G. GHAROTE, J)
Digitally
signed by
JITENDRA
JITENDRA BHARAT
BHARAT GOHANE
GOHANE Date:
2022.03.10
18:58:37
+0530
Gohane
