Mr.Pradeep T. Datwani v. Mrs. Mansi P. Datwani

cam-106.16 in fca-147.14.odt pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.106 OF 2016 IN FAMILY COURT APPEAL NO.147 OF 2014 Pradeep Datwani ... Applicant In the matter between Pradeep T. Datwani ... Petitioner Vs.

Mansi P. Datwani ... Respondent Ms. Naira Jejeebhoy i/by Mr.s Taubon F. Irani for the Applicant. Mr. Pradeep J. Thorat i/by Mr. Prakash Mahadik for the Respondent. CORAM : A.S. OKA & ANUJA PRABHUDESSAI, JJ.

DATE : 12th JANUARY, 2017 P.C.

The learned counsel appearing for the applicant states that only prayer clause (g) survives for consideration which reads thus :- "(g) This Hon'ble Court be pleased to direct the immigration authorities to verify and report if the minor child has been taken out of the country from 2010 to 2015 and who accompanied the child on such journey;"

It is not the case of the applicant made out in this application that the minor child has been taken out of the country from

cam-106.16 in fca-147.14.odt 2010 to 2015. The learned counsel appearing for the respondent has shown passport of the respondent mother to the Advocate for the applicant. It shows that the mother has not travelled abroad during the relevant period. The contention of the applicant is that the child may have travelled along with other relatives.

In absence of any factual foundation in this application to the allegation that minor child has been taken out of the country between 2010 to 2015, such a fishing enquiry is not contemplated. Accordingly, we find no merit in prayer clause (g). Application is accordingly rejected.

(ANUJA PRABHUDESSAI, J) (A.S. OKA, J)