Ashish Shantaram Kolhe vs Netra Sunil Kirange
2023 Latest Caselaw 1154 Bom

                    Yugandhara Patil

                                                                                  3-IA-1397-2021.doc

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION

                                       INTERIM APPLICATION NO. 1397 OF 2021
                                                        IN
                                       FAMILY COURT APPEAL NO. 23 OF 2021

                    Ashish Shantaram Kolhe                       .. Applicant/Appellant
YUGANDHARA
                        Versus
SHARAD
PATIL
                    Netra Sunil Kirange                          .. Respondent
Digitally signed
by
YUGANDHARA
SHARAD PATIL
Date:
                                                ******

2023.02.07 11:40:02 +0530 Ms. Pooja Yadav a/w Ms. Divya Tyagi i/b Jayakar and Partners for the Applicant/Appellant.

Mr. D.J. Deshmukh a/w Mr. Sanjay Ranjane for Respondent.

****** CORAM: R. D. DHANUKA AND M.M.SATHAYE JJ.

DATE : 3rd FEBRUARY 2023 P.C. :-

1. This is an Application filed by the husband seeking stay to

Common Judgment and decree dated 30th January 2021, passed by

the Judge, Family Court No.3, Pune, in P. A. No. 177 of 2017 which

was filed by wife seeking divorce under the provisions of Hindu

Marriage Act and Petition P. D. No. 8 of 2020 filed by husband for

custody of child under Section 25 of the Guardians and Wards Act,

1890. The Applicant/Appellant is referred as Husband and

Respondent is referred as Wife hereinafter

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2. Perusal of the operative part of the impugned common decree

shows that under clause 1 of the decree, marriage solemnized

between the parties is dissolved by consent.

3. Today, both husband and wife are present in the Court who

are identified by their respective counsel. Interim stay is sought on

both, order of maintenance and order of access under impugned

decree.

4. In clause nos. 3 and 4 of the impugned decree, directions are

given about access to the husband, since the custody of minor child

Vihaan is kept with wife. So far as the issue of interim access

pending this Appeal, is concerned, parties who are present in the

Court today have agreed for following interim arrangement.

i) The wife will permit access of the child to the husband

from 5.00 p.m. on Friday to 7.00 p.m. on Sunday on every

alternate weekend till further orders. During this time it is

agreed by the parties that the child will stay with the father.

It is agreed that the child will be picked up and dropped as

aforesaid, by the husband.

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ii) It is further agreed that wife will allow access of child to

husband for a week during summer vacation, for a period of

five days during Diwali vacation and for a period of three days

during Christmas Vacation of each year, till further orders.

Timing for such access will be from 9.00 a.m. of the first day

till 7.00 p.m. on the last day. During this access period child

will be picked up and dropped by the husband. The actual

dates for this access on year to year basis, will be decided by

the parties by mutual understanding.

iii) Parties further agree that on every alternate day, video

call communication with the child will be permitted by wife to

the husband, for half an hour preferably from 7.00 p.m. to

7.30 p.m.

iv) It is further agreed that access of the child on every birth

day of the child, will be given by wife to the husband between

6.00 p.m. to 8.00 p.m.

v) Learned counsel for the husband submits that when the

child is not well, the husband wishes to have intimation about

the child's doctor visit. On instructions, learned counsel for

the wife, submitted that such intimation will be given as and

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when there is such Doctor's visit including any other scheduled

doctor's appointment for regular therapy.

vi) It is clarified that aforesaid agreed arrangement is only

interim arrangement during pendency of Appeal.

vii) It is also clarified that this Court expects both husband

and wife to be reasonable during communication about fixing

dates of access and about Doctor's visit, which is agreed

infront of the Court. Parties have agreed and undertaken that

they will abide by this interim arrangement. Undertakings are

accepted.

5. In clause nos. 5 and 6 of the impugned decree, husband is

directed to pay Rs. 15,000/- per month ( exclusive of award of

maintenance in D.V. Act case) to wife and Rs. 20,000/- per month

toward maintenance of child ( exclusive of award of maintenance in

D.V. Act case). So far as interim stay to clauses 5 and 6 of the

impugned decree is concerned, for further hearing, it is necessary

that parties should file disclosure affidavit as directed by the

Supreme Court in the case of Rajnesh Vs. Neha (2021) 2 SCC 324.

We direct parties to file such affidavit in this Interim Application

within two weeks from today. Aspect of interim maintenance

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pending the Appeal, will be decided, after filing of such affidavits.

Considering the amount already deposited by the husband so far in

this matter, there will be ad-interim stay to clause nos. 5 and 6 of the

impugned decree for a period of four weeks from today.

6. Place this Interim Application along-with Interim Application

No. 2034 of 2021 for further hearing on 24 th February 2023 and for

deciding remaining aspect of interim stay to order of maintenance.

 [M.M.SATHAYE,J.]                          [R. D. DHANUKA, J.]




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