Gulabrao Yashwant Jadhav And Ors vs Sau. Sheetal Santosh Kumar Raut @ ...
2022 Latest Caselaw 10817 Bom

Megha                                    8_fa_158_2021.doc



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIVIL APPELLATE JURISDICTION

            INTERIM APPLICATION NO.996 OF 2021
                              IN
                FIRST APPEAL NO. 158 OF 2021
                             WITH
                FIRST APPEAL NO. 159 OF 2021
Gulabrao Yashwant Jadhav and Ors.         ...Applicants
                Versus
Sou. Sheetal Santoshkumar Raut                       ...Respondent
                                 ...
Mr. Pradeep Thorat for the Applicants.
Mr. Rishikesh Mohite for Respondent in FA/158/2021
Ms Tanaya Goswami, AGP in FA/159/2021.


                         CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 17th OCTOBER, 2022.

P.C. :-

1. The dispute is over the custody of Niraja, minor daughter

of the Respondent. The Appellant Nos.1 and 2 are the paternal

grand parents and Appellant No.3 is the paternal uncle of Niraja. The

records reveal that the Respondent -mother was married to one

Sachin Jadhav and the child-Niraja was born from the said wedlock.

Said Sachin Jadhav expired in the year 2012 and the Respondent re-

married in the year 2015. Child-Niraja is in custody of the Appellants

since the date of remarriage of the Respondent. Relations between

the Respondent and her second husband got strained and she left

her matrimonial house and started residing with her parents. The

Megha 8_fa_158_2021.doc

Respondent thereafter fled an application for custody of the child,

which came to be dismissed by the impugned order.

2. A perusal of the impugned Judgment reveals that the

learned Judge had interacted with the child. The learned Judge has

observed that the child was not willing to be in the custody of her

mother.

3. The child -Niraja is now 13 years of age. Considering the

age of the child and the nature of the dispute, it is appropriate to

have interaction with the child. Hence, the Appellants are directed to

keep the child present on 25/11/2022, provided the next date does

not interfere with the examination schedule of the child.

                                         (SMT. ANUJA PRABHUDESSAI, J.)




          Digitally
          signed by
MEGHA     MEGHA S
          PARAB
S         Date:
PARAB     2022.10.20
          17:38:13
          +0530