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Bombay High CourtWP/1371/2022disposed off

Priyanka Gaurav Tingre v. Gaurav Suresh Tingre

2022-10-19Hon'Ble Shri Justice M. S. Karnik4 pages

PMB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by PRADNYA MAKARAND BHOGALE Date:

2022.10.19 19:44:39 +0530 CONTEMPT PETITION NO.242 OF 2022 PRADNYA MAKARAND BHOGALE Gaurav Suresh Tingre ..Petitioner vs.

Priyanka Gaurav Tingre ..Respondent WITH WRIT PETITION NO.1371 OF 2022 Priyanka Gaurav Tingre ..Petitioner vs.

Gaurav Suresh Tingre ..Respondent ------------ Mr. A. V. Anturkar, Senior Advocate a/w Mr. Ajinkya M. Udane for petitioner in CP/242/2022 and for respondent in WP/1371/2022.

Mr. J. D. Khairnar for respondent in CP/242/2022 and for petitioner in WP/1371/2022.

------------ CORAM : M. S. KARNIK, J.

DATE : OCTOBER 19, 2022.

P.C. :

1.

Heard Mr. Anturkar, learned senior advocate for the petitioner-husband and Mr. Khairnar, learned counsel for the respondent-wife.

2.

During the course of the argument and after some deliberations, the petitioner-husband (hereafter "father", for

short) and respondent-wife (hereafter "mother", for short) who are personally present in the Court have adopted a very reasonable approach and record an agreement so far as the access of the minor children is concerned. 3.

Presently the custody of the children is with the mother. It is agreed that on every alternate Friday evening at around 8.00 p.m., the father would pick up the children from the home of their mother and take them to school on Monday morning, whereafter in the evening of that particular alternate Monday, the children will be returned back to the mother's house. In short, the arrangement between the couple is that, on one weekend the children will be with the mother, and on the next weekend, the children will be with the father in terms what is agreed hereinbefore.

4.

So far as the access during the ensuing Diwali and Christmas vacation is concerned, for the first half of the vacation, the children will be in the custody of the mother and for the second half, the children will be in the custody of the father. Likewise the parties agree to similar

arrangement during the ensuing Christmas vacation as well. 5.

So far as the summer vacation access of May 2023 is concerned, the parties are at liberty to move the Family Court with an appropriate application at the appropriate stage which shall be decided by the Family Court. 6.

Mr. Anturkar on instructions of the father, who is personally present in the Court, fairly submits that even if the mother wants to take the children for vacation either in India or abroad, he is willing to bear all the expenses (air travel, resort, food etc.) for the three of them. Statement accepted.

7.

Needless to mention and Mr. Anturkar reiterates that any arrears towards tuition fees of the children will be paid over by the father and he would continue to pay the same. The parties are expected to take an informed decision regarding enrolling the children for extra curricular activities in consultation with each other, the expenses of which shall be borne by the father. The parties to co-operate with each other in applying for passports/visa.

8.

Mr. Anturkar, learned senior advocate fairly submits

that in view of this arrangement, he does not want to press the Contempt Petition. Contempt Petition stands disposed of.

9.

Mr. Khairnar submits that in view of the aforesaid understanding, he does not want to press the writ petition. The writ petition is allowed to be withdrawn and disposed of accordingly. No costs.

10.

The Family Court is requested to hear the application for maintenance expeditiously.

(M. S. KARNIK, J.)