Bombay High CourtWP/4790/2014disposed off

Mrs. Leena James Manjali v. Mr. James Jacob Manjali

2015-03-23Hon'Ble Smt. Justice R.P. Sondurbaldota2 pages

Dusane 1/2 WP4790.2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4790 OF 2014 WITH CIVIL APPLICATION NO.2756 OF 2014 AND CIVIL APPLICATION NO.280 OF 2015 Mrs. Leena James Manjali, Mumbai ....

Petitioner Vs.

Mr. James Jacob Manjali, Mumbai ....

Respondent Mr. Pradip Chavan, Advocate for the Petitioner. The Respondent - in person.

Coram : Smt. R.P. SondurBaldota, J.

Date : 23rd March, 2015.

P.C.

The parties are present in the court today. By consent of the parties, the following order is passed :

Mr. Chavan, the learned advocate for the petitioner submits that the overnight access granted by the impugned order to the respondent-husband on each Sunday is resulting into the child not being with the mother on any of the Sundays, which is the only holiday available for her to be with the child. The respondent-husband

Dusane 2/2 WP4790.2014 in fairness agrees to sacrifice two Sundays in a month, if overnight access for the remaining Sundays starts from Saturday evening and ends on Monday. The petitioner agrees for the suggestion. Hence, the impugned order as regards the weekend overnight access is modified. The respondent shall have overnight access to the child on alternate weekends i.e. the 1st weekend, the 3rd weekend and the 5th weekend (if available). The access will start from the Saturday evening by the respondent picking up the child from school and end on Monday by dropping the child at the school.

The second modification agreed upon is for the summer vacation. It is agreed that the respondent-husband will have the access to the child from 11th April, 2015 to 15th May, 2015 till 3.00 pm. and the petitioner-wife will have the child for Summer vacation from 15th May, 2015 onwards". The order impugned in the petition stands modified in the above terms and the petition is disposed off. In view of disposal of the Writ Petition, the Civil Applications do not survive, the same are accordingly disposed off. (Smt. R.P. SondurBaldota, J.)