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Bombay High CourtMCA/298/2019disposed off

Aqsa Khot v. Mr. Saeed Ahmed Mohammed Iqbal Khot

2019-08-20Hon'Ble Shri Justice K.K. Tated3 pages

Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION STAMP NO. 9334 OF 2019 Aqsa Khot .. Applicant Vs.

Mr.Saeed Ahmed Mohammed Iqbal Khot .. Respondent Mr.I.A.Saiyed, for the Applicant.

Mr.Ramesh D.Kamble, for the Respondent.

CORAM : K.K.TATED, J.

DATE : 20th AUGUST, 2019 P.C. :

.

Heard learned Counsel for parties.

2.

By this Application under Section 24 of CPC, wife is seeking transfer of Petition No. D/105 of 2017 and Application No. 1631 of 2017 from 5th Family Court, Bandra to Family Court, Pune.

3.

After hearing for some time, both the Counsel submitted Consent Terms dated 20/08/2019 duly signed by 1/3

the applicant as well as respondent and their respective Advocates.

4.

The applicant and respondent entered into witness box and accepted the contents of the Consent Terms as well as execution thereof. The same is accepted. The Consent Terms are taken on record and marked 'X' for identification. The Consent Terms read thus :

"

CONSENT TERMS It is agreed by and between the parties abovenamed, as under:- 1.

That, pending the hearing and final disposal of Petition No.D105 of 2017, pending for hearing before the Ld. Family Court Mumbai at Bandra Mumbai, the Applicant Wife shall give access of minor daughter HAFSA to Respondent Husband on 1st, 3rd and 5th Saturday of every month in the Children's Complex made available in the premises of Family Court, Pune between 11.00 a.m. to 01.00 p.m.

2.

That, during the period of access, the Applicant Wife and/or any of her parents and/or relatives shall not enter room/premises made available for access, and the Respondent Husband and daughter HAFSA shall have peaceful meeting. 3.

That, during the course of access the Respondent Husband will have liberty to play with his daughter HAFSA and present Gifts, as and when he so desire. And, the Respondent Husband can also record playful movements of her daughter in his Mobile Phone during the course of access at Family Court, Pune.

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4.

That, during the course of hearing of pending petition above mentioned before the Ld. Family Court, Mumbai if, daughter HAFSA accompanies the Applicant Wife, then the Applicant Wife shall give brief access of about 1⁄2 an Hour to the Respondent Husband in the Children's Complex at Family Court, Mumbai after conclusion of hearing on that day. 5.

Both the parties will co-operate for expeditious hearing and disposal of the Petition No. D-105 of 2017 pending hearing before the Ld. Family Court, Mumbai.

Dated this 20th day of August, 2019 at Mumbai. Applicant-Wife Respondent-Husband [AQSA KHOT] [SAEED AHMED KHOT] Identified by me, Identified by me, Advocate for Applicant Advocate for Respondent "

5.

Hearing of Petition No. D/105 of 2017 is expedited. 6.

Misc. Civil Application stands disposed of in terms of the Consent Terms.

(K.K.TATED, J.) 3/3