Shri. Abhay Anil Pawar v. Sau. Shalaka Abhay Pawar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.183 OF 2016 WITH CIVIL APPLICATION NO.101 OF 2016 IN FAMILY COURT APPEAL NO.35 OF 2016 Abhay Anil Pawar .. Applicant V/s.

Shalaka Abhay Pawar .. Respondent Mr.Uday Nighot for the Applicant in Civil Application No.183 of 2016 Ms.Seema Sarnaik for the Applicant in Civil Application No.101 of

CORAM:

K.K. TATED & B. P. COLABAWALLA, JJ.

DATED :

AUGUST 14, 2018 P.C. :

Civil Application No.101 of 2016 is not on board. By consent of both the parties, same is taken on board for hearing. Both the counsel submitted minutes of order dated 14.08.2018 duly signed by both the advocates and appellant himself. Same is taken on record and marked 'X' for identification. Same reads thus: 1/3

" MINUTES OF ORDER By consent parties hereby agree as under :

That presently child Shlok is with Respondent wife at Manila Philippines. That Applicant husband and his family will have access of child Shlok on Skype every Saturday between 4.00 p.m. to 5.00.m. as per Indian standard time. The Respondent wife agrees and undertakes to give said access without any hindrance and obstruction. The applicant husband agrees to have said access without causing any annoyance or trouble to child Shlok for developing bond with child.

The Respondent wife agrees and undertakes to give daily access for 3 hours in presence of child counselor whenever the Respondent wife visits India at Child Care Centre, Family Court, Pune within the premises of Family Court Pune. The Applicant husband would be entitled to take child out of Family Court premises, even to his house along with the official/ observer of Family Court, Pune if the child councillor permits. The Appellant husband agrees to bear all charges and expenses of child counselor/observer. The Hon'ble Family Court to act on these minutes for providing access to child at the child care centre and for providing child counselor/observer.

The Respondent wife agrees and undertakes that to bring the child Shlok once in a year to India either herself or through her power of attorney holder. The Respondent wife agrees and undertakes to give one week's prior notice to the Applicant every time about their visits to India. The Respondent wife agrees and undertakes to give details of school programs of child Shlok to Applicant husband every six months, and also undertakes to give details of progress of child Shlok after every term examination of twice a year.

The Applicant husband undertakes not to use the 2/3

information given by Respondent wife about child Shlok in any manner and without her prior permission.

The name of child recorded to his passport is "Shlok Pawar" . The Respondent wife agrees and undertakes to show the copy of passport to Applicant husband showing that name of child is Shlok Pawar on passport. The Respondent wife further agrees and undertakes to use the name Shlok Pawar of child for all purposes as mentioned in passport and in all other documents.

The parties agree and undertake to abide by the obligation set out in terms mentioned above.

In view of the above terms both civil application No.183 of 2016 filed by Applicant and Civil Application No.101 of 2017 filed by Respondent stand disposed off. Parties to act upon the authenticated copy of the order passed on these minutes/consent terms."

Both the Civil Application stand disposed of in terms of the minutes of order.

No order as to costs.

(B. P. COLABAWALLA, J.) (K.K. TATED, J.) 3/3