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Bombay High CourtWP/5354/2018disposed off

Jesal Milan Gutka v. Milan Kantilal Gutka

2018-05-04Hon'Ble Shri Justice Rajesh G. Ketkar2 pages

909-wp-5354-2018.odt Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 5354 OF 2018 Jesal Milan Gutka ] Petitioner Vs.

Milan Kantilal Gutka ] Respondent .....

Mr. Ashutosh R. Gole, for petitioner.

Mr. Rajesh Kanojia, for respondent.

.....

CORAM :

R.G. KETKAR, J.

DATE :

4TH MAY, 2018.

P.C.

Heard Mr. Gole, learned Counsel for the petitioner and Mr. Kanojia, learned Counsel for the respondent at length. 2.

By this Petition under Article 227 of the Constitution of India, the petitioner has challenged the judgment and order dated 20th April, 2018 passed by the learned Judge, Family Court No.2 at Bandra, Mumbai below Exhibit 22 in D-83 of 2016. By that order, the learned trial Judge rejected the application Exhibit 22 made by the petitioner, inter alia, praying for suitable orders allowing the twin minor daughters namely Jenya and Janessa to be dropped by the respondent at the house of the petitioner in Mumbai on 1st May, 2018 and to remain in custody of petitioner during the period from 1st May, 2018 to 31st May, 2018. The respondent to pick up children on 1st June, 2018 from the house of the petitioner.

909-wp-5354-2018.odt 3.

After hearing learned Counsel for the parties, the parties agree for following arrangement during the Summer Vacation; [1] The respondent will bring children to Mumbai on 21st May, 2018. The respondent will be staying along with daughters at 5th floor, Bhatru Chaya, Jawahar Nagar, Goregaon (West), Mumbai 400 062.

[2] Mr. Kanojia further states that the respondent will give access between 2.00 p.m and 5.30 p.m from 22nd May, 2018 to 26th May, 2018 at a convenient place near the vicinity of the premises where respondent would be staying.

[3] No other person except the petitioner shall interfere during that period.

[4] During that period neither petitioners' relatives nor respondent's relatives will interfere.

[5] During the period of access, respondent shall remain outside the place of meeting.

The Petition is disposed of in the above terms. Order accordingly. [R.G. KETKAR, J.]