Bombay High Court
Dr. Dhiraj S/O Ramshankarji Gupta vs Dr. Radhika W/O Dr. Dhiraj Gupta @ ... on 25 March, 2022
Bench: A.S. Chandurkar, Mukulika Shrikant Jawalkar
1 FCA42-18(D).odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
C.A.O. NO.213/2022 IN FAMILY COURT APPEAL NO. 42/2018 (D)
(DR.DHIRAJ RAMSHANKARJI GUPTA VERSUS DR.RADHIKA DHIRAJ GUPTA @ DR.RESHMA
TARANNUM MOHD. NASAR)
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's order
and Registrar's orders.
Shri J.M. Gandhi, counsel for the appellant/non-applicant.
Shri Masood Shareef, counsel for the respondent/applicant.
CORAM : A. S. CHANDURKAR AND SMT. M.S. JAWALKAR, JJ.
DATE : MARCH 25, 2022.
By this application, the original respondent in Family Court Appeal No.42
of 2018 seeks the custody of her minor child in terms of the judgment dated
26.07.2018. In paragraph 12(iv) of the judgment dated 26.07.2018 it has been
directed as under:-
"[iv] In case of the mother coming to Nagpur any time during the
entire year, she be entitled to complete overnight access to the child
without any restriction for as many days as she stays at Nagpur
without any limitation, subject to the child attending school. This
access shall be in addition to vacation access as stated above. If this
period extends beyond 15 days at a stretch, the appellant-father be
given overnight access to the minor on weekend-Saturday and
telephone access."
It is stated that presently the mother is at Nagpur and hence in terms of
Direction No.(iv) she be provided complete overnight access without any
restriction. Another prayer made in the application is with regard to renewal of
the minor's passport. It is stated that despite the order dated 13.08.2021, proper
steps have not been taken for getting the passport renewed by the appellant.
Reply has been filed by the original appellant in which it is stated that
presently examinations of the minor are in progress and the same would
conclude on 09.04.2022. It is stated that the appellant is residing quite near to
the school of the minor and the minor is also undertaking tuitions in the vicinity.
Since the respondent is residing at a distance from the school, time would be
2 FCA42-18(D).odt
spent in travelling to the school and back. It is therefore stated that till
09.04.2022 the minor be permitted to remain in the custody of the appellant
after which date the appellant would handover custody of the minor in terms of
paragraph 12(iv) of the judgment dated 26.07.2018.
As regards renewal of passport it is stated that an application in that
regard was submitted on 13.09.2021 but on account of some deficiency the same
has not yet been further renewed.
On this, the learned counsel for the respondent submits that the
respondent be permitted to take necessary steps to have the passport renewed.
We have considered the application and the reply as filed. As per
paragraph 12(iv) the respondent is entitled to complete overnight access to the
minor child during her visit to Nagpur. At the same time, the fact that the
minor's examinations have commenced from today and would conclude on
09.04.2022 cannot be lost sight of. It would not be practicable to spend time of
the minor in travelling during this period. The interest of the minor would have
to be given precedence in this situation.
Accordingly, in terms of paragraph 12(iv) the respondent is held entitled
to receive custody of the minor child on 09.04.2022 after his last examination is
over. Such access would be in terms of paragraph 12(iv) of the aforesaid
judgment.
The learned counsel for the appellant on instructions submits that on
26.03.2022, custody of the minor child would be handed over to the respondent
at 11.00 a.m. and the minor shall thereafter be collected by the appellant on
27.03.2022 at 5.00 p.m. On 02.04.2022, custody of the minor child would be
handed over to the respondent at 11.00 a.m. and the minor shall thereafter be
collected by the appellant on 03.04.2022 at 11.00 a.m.
Insofar as renewal of the passport is concerned since the respondent is
willing to take necessary steps for its renewal, the appellant shall handover the
original passport as well as the application made in that regard to the
respondent in the presence of the Registrar (Judicial) on 28.03.2022 at 11.00
a.m. The appellant shall co-operate in seeking renewal of the passport,
whenever necessary.
3 FCA42-18(D).odt
Authenticated copy of the order be given to the learned counsel for the
parties.
(SMT. M.S. JAWALKAR, J.) (A. S. CHANDURKAR, J.)
APTE
Signed By: Digitally signed
byROHIT DATTATRAYA
APTE
Signing Date:25.03.2022 17:15
