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Bombay High CourtCAF/2043/2018

Smt. Laveta Kaitan Rodrigues Nee Laveta Juze Fernandez v. Mr. Kaitan Thomas Rodigues

2018-06-11Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi2 pages

25 CAF 2043 OF 2018.odt vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2043 OF 2018 IN FIRST APPEAL NO. 631 OF 2017 Laveta Kaitan Rodrigues ...

Applicant.

V/s.

Kaitan Thomas Rodrigues ...

Respondent Ms.

Farheen R. Qureshi, for applicant.

Mr. Mahesh V. Rawool, for respondent CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 11th JUNE, 2018.

P.C. :

1] This application is for seeking custody of the minor child during the Summer Vacation.

2] It is submitted that Summer vacation will be expiring on 15th June, 2018 and therefore the applicant mother be given custody of the minor child.

3] However, considering that the child is in the custody of father since 2015, it would not proper to hand over physical custody of the child to the applicant without this Court interviewing the child which is not possible, now in view of short duration of vacation period.

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25 CAF 2043 OF 2018.odt 4] When the matter was called during morning session, therefore, it was thought fit to direct both the parties to sit together to decide the time and place for giving access of the child to mother for some period during the 3 days ahead.

5] Accordingly both the parties have mutually arrived at following arrangement.

6] Respondent will give access of the minor child to the applicant during the period from 12.30 p.m. to 4.30 p.m. on 12th, 13th and 14th June, 2018 at Mount Merry Church, Bandra, Bombay. 6] Ordered accordingly.

7] It is further ordered that the father will give sufficient privacy to the mother and child to be together and enjoy companionship of each other.

8] Application is disposed of in above terms.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2