Dr. Viren Bhagwandas Asher v. Damyanti Hemant Mattani And ANR.

osk 907-wp-11555-2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11555 OF 2017 Dr. Viren Bhagwandas Asher ...

Petitioner.

V/s.

Damyanti Hemant Mattani & Anr.

...

Respondents.

• Mr.Manjula Rao a/w. Kalpna Ashar & Chhaya Asher i/b. M/s.K. Ashar & Co. for the Petitioner.

• Dr.Laxmi Rao for the Respondents.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATED : 13th OCTOBER, 2017.

P.C. :- 1] Heard learned counsel for both the parties.

2] The matter pertains to the interim custody and access of the child to the father during the Diwali Vacation. The application was moved accordingly before the Family Court seeking interim custody of the child in vacation. The Family Court, however, vide its impugned order dated 11/10/2017 kept the said application for hearing on 23/10/2017 and did not pass any interim order thereon. 1/3

osk 907-wp-11555-2017.odt In view thereof, the Petitioner-father is constrained to approach this Court.

3] It is submitted by learned counsel for the Petitioner that the Petitioner is the father and also a qualified medical expert in the field. He is coming to India from U.K. today night only to meet his child and he will be in India till 27/10/2017. During this period, he wants to have the interim custody of the child not only for meeting him but also for the medical purpose.

4] In view thereof, there should not be any reason for the Respondent, who is a grandmother of child to resist the application. The father is having every right to meet his child and to have access and his interim custody in Diwali Vacation.

5] Hence, the Writ Petition is allowed. The Petitioner-father is given interim custody of the child-Darsh from 16/10/2017 at 10.00 am till 26/10/2017 at 6.00 pm.

6] Learned counsel for the Respondent submits that the Petitioner may pick up the child from the house of Respondent on 16/10/2016 at 10.00 am and will return the child to the Respondent on 26/10/2017 at 6.00 pm at her residence. Ordered accordingly. 2/3

osk 907-wp-11555-2017.odt 7] The Writ Petition is disposed of in above terms. (DR. SHALINI PHANSALKAR-JOSHI, J.) 3/3