Mrs. Hemangini Vikrant Sanghvi v. Mr. Vikrant Mukesh Sanghvi

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL (ST) NO. 16880 OF 2015 A/W.

CIVIL APPLICATION NO. 224 OF 2015 IN FAMILY COURT APPEAL (ST) NO. 16880 OF 2015 Hemangani Vikrant Sanghvi ..Appellant v/s.

Mr. Vikrant Mukesh Sanghvi & ors..

..Respondents Mr. Diwakar Dwivedi for the Appellant.

Mr. Vikas Sharma for the Respondent.

CORAM : RANJIT MORE & SMT. ANUJA PRABHUDESSAI,JJ.

DATED : AUGUST 10, 2015.

P.C.

1.

Heard. The appellant is aggrieved by the overnight access of the minor daughter to the respondent father on second and fourth Saturday of each month.

2.

Learned Counsel for the appellant submits that the respondent's mother is the only lady in his family and she is old and suffering from cancer. She also submitted that the respondent is alcoholic and the pps

21 fca 16880-15.doc child would not be safe.

3.

We have perused the impugned order. Similar submissions were also made before the learned Judge of the Family Court. The learned Judge in para 7 of the order observed that apart from the respondent's mother, there is a unmarried sister in the house and she is capable of taking care of the minor daughter. In fact, the mother and sister of the respondent were taking care of the child when the appellant was working in the Call Center. So far as the allegation that the respondent is alcoholic, the said allegations are denied by the respondent. The trial court has not believed the version of the appellant as there was word against word. The child needs love and affection of both the parents. We, therefore, do not find any error in the impugned order. The appeal is without any merits and the same is accordingly dismissed.

4.

In view of dismissal of the appeal, Civil Application No.224 of 2015 does not survive and the same is also dismissed. (ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.) pps