Mr. Kiran Sambhaji Patale v. Mrs. Jayshree Kiran Patale

25-wp-499-2020.doc SA Pathan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.499 OF 2020 Kiran Sambhaji Patale ... Petitioner V/s.

Jayashree Kiran Patale ... Respondent Digitally signed by SHABNOOR AYUB PATHAN Date:

2023.09.29 17:50:53 +0530 SHABNOOR AYUB PATHAN Ms. Neesha Mailagir, for the petitioner.

Mr. Girish Tagani, for respondent.

CORAM

: AMIT BORKAR, J.

DATED : SEPTEMBER 29, 2023 P.C.:

1.

By the impugned order dated 16 December 2019, the Trial Court allowed the application of respondent for custody of child. 2.

It appears that the child is 8 years old as of now. Till today custody of child is with the petitioner.

3.

This Court after interaction with the child continued interim relief stay granted to the order.

4.

In paragraph 8 of the order dated 29 July 2022, this Court held that the respondent is entitled to have custody of the minor child from 6:00 p.m. of every 2nd and 4th Saturday of the month till 5:00 p.m. of the next date i.e. Sunday.

5.

Considering the interaction of this Court, continuation of

25-wp-499-2020.doc interim relief based on such interaction and the fact that the custody of child is with the petitioner for almost since birth. 6.

The impugned order needs to be set aside. However, the paragraph 8 of the order dated 29 July 2022 shall continue to operate during pendency of Marriage Petition No.182 of 2018. 7.

The writ petition stands disposed of in above terms. 8.

In case of breach of order, it will be open for the respondent to apply for appropriate relief before the Family Court. (AMIT BORKAR, J.)