Pooja Vishal Nikam v. Vishal Sharad Nikam

ADN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6299 OF 2024 Pooja Vishal Nikam

...Petitioner

Versus

Vishal Sharad Nikam

...Respondents

Adv. Sanjay Bhojwani a/w. Adv. Naresh Parihar, advocate for the Petitioner.

Mr. Rohit D. Joshi, advocate for the Respondents.

CORAM

RAJESH S. PATIL, J.

DATED:

08 MAY 2024 PC:- 1.

This Writ Petition has been filed by the wife challenging an order passed by the Family Court at Pune on 15 April 2024.

2.

The operative part of the impugned order reads as under :

"1. The application is allowed as under;

2. The respondent is allowed to have access to his daughter at his rental premises at Pune from 11.00 am to 5.00 pm on every Friday, Saturday and Sunday till the vacation is over.

3. The petitioner is directed to give the access of the daughter to the respondent for the above mentioned period.

4. The respondent shall pick up the minor daughter Vaidehi from the get of the residence of the petitioner at 11.00 am and shall drop back at the same place at 5.00 pm from the aforesaid days of access.

5. The parties shall not talk with the child, in relations to their disputes pending in the Court.

6. The petitioner shall not interfere with the meeting between the father and the child.

7. The parties shall not act in that manner which is detrimental which is interest and welfare of the child.

8. The petitioner is permitted to have a video call to ascertain the condition of daughter during the access period between 2.00 pm to 2.30 pm only.

9.In case of emergency the respondent shall inform the emergency condition to the petitioner on telephone immediately.

10. The respondent shall furnish the detail address of his rental flat to the Court as well as to the respondent before getting access of the child." 3.

I have heard counsel for both the sides and have gone through the documents on record.

4.

The impugned order allows the access to the husband, who has taken rental premises at Pune only for the purpose that he could have access of the daughter. The registered leave and licnese agreement has been tendered before me along with photographs of the rental premises, which shows a play area in the same housing complex. The Family Court has granted access of the daughter from 11.00 am to 5.00 pm on every Friday, Saturday and Sunday till the summer vacation, to the father.

5.

By earlier occasion during the access granted to the father on Friday, Saturday and Sunday, there was no conflicts , which is brought on record before me. Both the parties have cooperate, in the process of "access". 6.

I find no infirmity in the impugned judgment and order dated 15 April 2024 passed by the Family Court at Pune. There is no merit in this Petition. The Writ Petition is dismissed. No cost.

(RAJESH S. PATIL, J)