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Bombay High CourtWP/8092/2015disposed off

Sou. Jayshree Saish Kumbhar v. Shri. Saish Uttamrao Kumbhar

2017-10-04Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi2 pages

osk 3-wp-8092-2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8092 OF 2015 Sou. Jayshree Saish Kumbhar ...

Petitioner.

V/s.

Saish Uttamrao Kumbhar ...

Respondent.

• Ms.Smita G. Mane for the Petitioner.

• Mr.Tushar Sonawane a/w. Mr.P.S. Hagare for the Respondent. CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATED : 4th OCTOBER, 2017.

P.C. :- 1] As per the mutual understanding arrived at between the parties as regards to the access of minor child during Diwali Vacation, this Court has passed an order on 26th September, 2017 giving the access of the minor child to the Petitioner-mother upto 50% of uninterrupted vacation from 13th October, 2017 to 23rd October, 2017.

2] Learned counsel for both the parties submits that as the Diwali Vacation is starting from 14th October, 2017, the above said order needs to be corrected.

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osk 3-wp-8092-2015.odt 3] With the consent of both the parties, it is ordered that the minor child will share 50% of uninterrupted vacation from 15th October, 2017 to 25th October, 2017 with the Petitioner-mother. The correction is, accordingly, carried out in Clause No.(i) of the said order.

4] In Clause No.(ii) instead of 13th October, 2017 it would be read as 15th October, 2017 and in Clause No.(iii) instead of 24th October, 2017 it would be read as 26th October, 2017. 5] Learned counsel for both the parties further submit that the petition for Restitution of Conjugal Rights (H.M.P. No.283 of 2013), which is filed by the Petitioner-wife before the Civil Judge Senior Division, Baramati, is pending since the year 2013 and if the hearing of the said petition is expedited, the parties have no objection to dispose of this petition.

6] Accordingly, this Writ Petition is disposed of. The trial Court is directed to decide the petition for Restitution of Conjugal Rights (H.M.P. No.283 of 2013), which is pending before it, as expeditiously as possible and preferably within six months from the date of the receipt of this order.

(DR. SHALINI PHANSALKAR-JOSHI, J.) 2/2