Suruchi Kunal Shah @ Suruchi Champaklal Shah v. The State Of Maharashtra Thr Government Pleader And ORS

vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION VASANT ANANDRAO IDHOL Date: 2024.04.22 18:10:40 +0530 VASANT ANANDRAO IDHOL WRIT PETITION NO.7196 OF 2022 Suruchi K. Shah ..Petitioner V/s.

The State of Maharashtra & Anr.

...Respondents

Mr.Shashikant P. Chaudhari with Ms.Snehal S. Chaudhari and Ms.Usha Chaudhari i/b Maharashtra Law Associates for the Petitioner.

Mr.A.K. Naik, AGP for the State - Respondent No.1. None for Respondent No.2.

CORAM : RAJESH S. PATIL, J.

DATE : 19TH APRIL , 2024.

P.C. :- 1.

This Writ Petition is filed by the wife challenging the order dated 18 April 2022 passed by the Family Court at Bandra, Mumbai.

2.

By the impugned order, the Family Court at Bandra, Mumbai has allowed the access of the minor son to the husband 1/3

of each working Saturday i.e. 11:00 a.m. to 2:00 p.m. in the Children Complex of the Family Court at Bandra, Mumbai and also four hours access to the husband on the birthday of the child i.e. on 26 June.

3.

The only argument made by Mr.Chaudhari on behalf of the Wife is that the husband has not paid any amount towards the maintenance of the child. He submits that the application for maintenance is pending before the Magistrate Court, Mumbai. 4.

I find no infirmity in the order passed by the Family Court at Bandra, Mumbai.

5.

At this stage, Mr.Chaudhari submits that since the son on every Saturday has tuition class from 12:00 noon and drawing class at 4:00 p.m., hence for the sake convenience, I change the access timing to the husband from 11:00 a.m. to 6:00 p.m. The husband can have access from 6:00 p.m. to 9:00 p.m and the said access is changed from Children Complex at Family Court, Bandra, Mumbai to Oberoi Mall at Malad. Since the advocate for the Respondent / Husband is not present when the order is dictated, liberty to Respondent No.2 / Husband to seek 2/3

any modification of the order.

6.

The Writ Petition is accordingly disposed of. (RAJESH S. PATIL, J.) 3/3