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Bombay High Court
Dr. Dhiraj S/O Ramshankarji Gupta vs Dr. Radhika W/O Dr. Dhiraj Gupta @ Dr. ... on 30 March, 2026
Author: Mukulika Shrikant Jawalkar
Bench: Mukulika Shrikant Jawalkar
ca 265-2026.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CIVIL APPLICATION NO.265/2026
IN
FAMILY COURT APPEAL NO.42/2018 (D)
Dr. Dhiraj s/o Ramshankarji Gupta
Vs.
Dr. Radhika T. Inamdar
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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Shri J.M. Gandhi, Advocate for non-applicant/appellant
Shri Masood Shareef, Advocate for applicant/respondent
CORAM : SMT. M.S. JAWALKAR AND N.S. DESHPANDE, JJ.
DATE : 30.03.2026
1. This is an application filed by the applicant/mother
seeking a direction to the non-applicant/father to produce
Master Raajveer before the learned Registrar of this Court.
The application is in pursuance of the judgment delivered
by this Court in Family Court Appeal No. 42/2018, decided
on 26.07.2018. The relevant portion of the said judgment is
reproduced as under:
"[i] The sole custody of 8 years old child Master
Raajveer Gupta will remain with the appellant-
father subject to the visitation rights of the
respondent-mother as are enumerated below.
[ii] Raajveer will resume his studies at Bhartiya
Vidya Bhavan, Shrikrushna Nagar, Nagpur,
forthwith as the academic session of the school has
started on 21.06.2018. The respondent shall be
free to monitor and supervise the academic as well
as extra-curricular activities of the minor and take
necessary major decisions on the same jointly with
ca 265-2026.odt
the appellant.
[iii] The respondent can take the minor child to
U.K. twice a year during his summer vacations as
well as Diwali vacations and spend the entire
summer vacation and Diwali Vacation with her.
The minor child shall only be with appellant and
his family on Diwali day (Laxmi Poojan) in India
and the remaining entire time with the mother.
[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 childing
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.
[v] The respondent mother be entitled to have a
daily telephonic and or video telephone call with
the minor son between 5 to 6 p.m. every day
throughout the year. The immediate family
members of the respondent be also entitled to the
said telepohonic/video conferencing access.
[vi] In respect of the Birthday celebration of the
minor, the mother to have unrestricted 10 hours
access during the day and the evening access and
the evening be spent with the appellant as the
Birthday of the minor coincides with the birthday
of his first cousin, who like to celebrate together.
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[vii] Both parties shall undertake not to opt for
British Citizenship for Raajveer Gupta or otherwise
change his nationality before he turns major.
viii] The parties agree that they will keep each
other informed of any change in their respective
residential addresses."
2. We had interacted with Master Raajveer in the
Chamber. We had also interacted with applicant and non-
applicant and also learned Counsel appearing for respective
parties. From the interaction and the factual aspects, it
transpired that Master Raajveer has recently appeared for
his SSC Examination and is presently preparing for the
NEET Examination.
3. It is the contention of the applicant/mother that she
is only trying to get the custody of the child in view of
Clause- [iv] of the conditions mentioned above and she is in
India till 17.04.2026. She, therefore, prays that access to
the child in terms of said Clause-[iv] be granted to her.
4. Per contra, the non-applicant/father does not
dispute the aforesaid position. However, he submits that he
should also be granted adequate time to spend with the
child. Needless to mention, we record with great reluctance
that the child has been made a pawn between the litigating
parents.
5. Be that as it may, in order to balance the equities
and to ensure that the child receives the love and care of
both parents, we direct that the child shall remain with the
applicant/mother from 01.04.2026 at 10:30 a.m. till
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10.04.2026, in terms of the order referred above. On
11.04.2026 at 10:30 a.m., the child shall be handed over to
the non-applicant/father.
6. With this direction, the application is disposed of.
(N.S. DESHPANDE, J.) (SMT. M.S. JAWALKAR, J.)
R.S. Sahare
Signed by: Mrs. Ranjana Sahare
Designation: PA To Honourable Judge
Date: 30/03/2026 19:01:46
