Rimpal Harish Chellani v. Harish Suresh Chellani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 13499 OF 2023 IN FAMILY COURT APPEAL NO. 47 OF 2020 by LAXMI SUBHASH SONTAKKE Date:

2023.10.16 11:25:26 +0530 LAXMI SUBHASH SONTAKKE Rimpal H. Chellani .. Applicant

Versus

Harish S. Chellani & Ors.

.. Respondents Ms Minal Chandnani a/w Bhavesh Sawant i/b. Jaiwant Chandnani, Advocates for the Applicant.

Mr. Harshad Sathe a/w Siddhesh B. Advocate for the Respondent No.1.

Mr. Anjani Kumar Singh, Advocate for Respondent No.3. Mr. Sandeep Kumar Kushwaha, Senior Superintendent, Regional Passport Office, Pune.

CORAM

: B. P. COLABAWALLA & M. M. SATHAYE, JJ.

DATE : OCTOBER 13, 2023 P. C.

1.

The above Interim Application is filed inter-alia seeking a direction to Respondent No.3 (Regional Passport Office, Pune) to consider the application preferred by the Applicant for issuance of a passport to her son, being Passport Application No. PNGO77613177423. The reason why this Interim Application is necessitated is because of a

letter is issued by Respondent No.3 dated 10th March, 2023 wherein it is informed that due to some shortcomings in the application submitted, the passport cannot be issued. Since we could not discern as to what was the difficulty in issuing the passport, and what was the shortcoming, we had directed the concerned person of the Regional Passport Office to appear in this Court through an Advocate or by himself. 2.

Today when the matter is called out, the learned Advocate appearing for Respondent No.3 has pointed out to the Court that the difficulty in issuing the passport is that the father of the child (Respondent No.1 herein) has not signed Annexure-D and which is otherwise required by the Passport Authorities before issuing any passport.

3.

The learned Advocate appearing for the Respondent No.1husband (and who is the father), has stated before the Court that he shall attend the Regional Passport Office, Pune on 20th October, 2023 and sign Annexure-D in front of the concerned Officer. 4.

The learned Advocate appearing for Respondent No.3, on instructions of the Senior Superintendent of the Regional Passport

Office, Pune, has stated that once the Annexure-D is signed by the Respondent No.1-husband in presence of the concerned Officer, the Passport Office shall, as expeditiously as possible, issue the passport to the son of the Appellant and the 1st Respondent. We accept this statement as an undertaking given to this Court and dispose of the above Interim Application in terms thereof.

5.

Place the above Family Court Appeal on board for directions on 27th October, 2023 to see if any amicable solution can be reached to resolve the disputes between the Appellant-wife and the Respondent No.1-husband.

6.

Personal Assistant of this Court. All concerned will act on production by [ M. M. SATHAYE, J.] [ B. P. COLABAWALLA, J.]