Firdaus Farrokh Havewala v. Rerieda Rattan Postwalla

WP3078_18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3078 OF 2018 Firdaus Farrokh Havewala ...

Petitioner Vs.

Ferieda Rattan Postwalla ...

Respondent Mr. Yusuf R. Singh for Petitioner.

Mr. Shreyas S. Adyanthaya for Respondent.

CORAM : R. G. KETKAR, J.

DATE :

APRIL 26, 2018 P.C. :

Heard Mr. Singh, learned Counsel for the petitioner and Mr. Adyanthaya, learned Counsel for the respondent at length. 2.

Perused the orders dated 26.03.2018 and 19.04.2018. By order dated 19.04.2018, hearing of the Petition was deferred till today and the parties were requested to attend the proceedings at 10.15 a.m. in Chamber. Ms Rakhee Howal, representative of 'Muskan' NGO was also requested to attend the Chamber today. Accordingly, I have interacted with Ms Rakhee Howal, representative of 'Muskan' NGO, daughter Freiya and parents of Freiya.

3.

This Petition takes exception to the order dated 23.01.2018 passed by the learned Judge, Family Court No.2, Pune below exhibit-38 in Petition No.D No.2 of 2017. By that order, the learned trial Judge partly allowed the application exhibit-38 filed by the petitioner and kept in abeyance the arrangement of access of the petitioner with his daughter till next date, which was to be after 3 months. 4.

It is a common ground between the parties that the next date of 1/2

WP3078_18.doc hearing before the learned trial Judge is 11.06.2018. On that date, the learned trial Judge will consider arrangement of access of the petitioner with his daughter. Mr. Singh, on instructions from the petitioner, who is personally present in the Court, seeks permission to withdraw the Petition reserving liberty to consider challenging the order that may be passed on the next date of hearing, in case it is adverse to him. 5.

In view thereof, on the motion made by Mr. Singh, Petition is allowed to be withdrawn and is disposed of as such. Since the petitioner has decided to challenge the order in case it is adverse to him, I refrain from recording any observations in respect of interactions I had with the parties, daughter Freiya and Ms Rakhee Howal, a representative of 'Muskan' NGO.

(R. G. KETKAR, J.) Minal Parab 2/2