Chirag Arora S/O H. L. Arora v. Sheetal Vasant Thakur

AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.4119 OF 2023 IN WRIT PETITION NO.7315 OF 2022 ATUL GANESH KULKARNI Chirag Arora S/o. H.L. Arora ... Applicant V/s.

Sheetal Vasant Thakur ... Respondent ATUL GANESH KULKARNI Date: 2023.04.28 10:29:55 +0530 Ms. Rebecca Gonsalvez for the applicant.

None for the respondent.

CORAM :AMIT BORKAR, J.

DATED :APRIL 27, 2023 P.C.:

1.

In pursuance of liberty granted by the Apex Court by order dated 17 February 2023 in SLP (C) No.2296 of 2023, the applicant has filed present interim application seeking modification of order dated 7 January 2023 to the extent of appointing "panel of experts" instead of "experts" referred in clause (b) of paragraph 10 of order.

2.

Learned advocate for the applicant has placed on record communication issued to the respondent by email dated 26 April 2023 pointing out listing of present application before this Court today. Same is taken on record and marked '

X' for identification.

Additionally, she has served copy of notice to the Advocate Mr.

Parmeshwar Bhise by email dated 25 April 2023 who has replied that after disposal of proceedings, his authority to appear in the matter has come to an end. Same is taken on record and marked "Y" for identification.

3.

She also points out that the respondent has filed interim application before the Apex Court for modification of order dated 17 February 2023 to the extent of paragraph 19 of the application. 4.

Considering the reasons in the order dated 7 January 2023, in my opinion, no rights of the respondent would be affected if the word "expert" is substituted by "panel of experts". 5.

Hence, the order dated 7 January 2023 is modified by substituting word "export" in clause (b) of paragraph 10 by "panel of experts". The reference to "such experts at District Jalgaon" be corrected to read "such experts at District Court Jalgaon". The reference to psychologist" be corrected to "psychologist/s" and the reference to "medical expert" be corrected to read "medical expert/s".

6.

Clause (b) of paragraph 10 or order dated 7 January 2023 shall now read thus:

"b) It is directed that the Family Court shall appoint independent panel of experts specialized in child psychology at Jalgaon preferably from the panel of such experts at District Court Jalgaon or any other independent child psychologist/s or medical expert/s in that field at the discretion of the Family Court."

7.

Order dated 7 January 2023 be modified accordingly and upload the same as order no.2.

8.

Interim Application stands disposed of in above terms. No costs.

(AMIT BORKAR, J.)