Dr. Mrs. Aditi Jaiswal v. Dr. Kailash Jaiswal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 134 OF 2015 WITH CIVIL APPLICATION NO. 826 OF 2015 Dr. Mrs. Aditi Jaiswal ..

Petitioner vs.

Dr. Kailash Jaiswal ..

Respondent Ms Pooja Bhojane for Petitioner.

Mr. Kailash Jaiswal - Respondent present in person CORAM : M. S. SONAK, J.

DATE: 07 OCTOBER 2015 P.C. :- 1] Rule. Rule is made returnable forthwith.

2] It is heartening to record that both the parties have adopted an extremely reasonable approach and consented to disposal of this petition by the following agreed order:

(A) The impugned order dated 16 September 2014, by which the defence of the Petitioner was struck of is hereby set aside, so also the order dated 13 March 2015, by which the Petitioner was declined opportunity to cross-examine is also set aside;

(B) The Petitioner consents to grant access to Reya (minor daughter - 11 years) to the extent of 50% of all vacations. This is in addition to the access orders already in operation; (C) Parties agree that the aforesaid access shall be subject to the exigencies arising out of the academic requirements of 1/3

Reya i.e. examinations, tuitions etc.

(D) In view of the aforesaid, it shall not be necessary for the Respondent to apply for access in respect of each of the vacations separately.

(E) The parties will not seek any unnecessary adjournments and will cooperate in the matter of expeditious disposal of the proceedings before the Family Court. (F) The Family Court is directed to dispose of the Petition No.A-2323 of 2010 as expeditiously as possible and in any case within a period of three months from the date of production of authenticated copy of this order. (G) Parties to appear before the Family Court on 13 October 2015 at 11 a.m. and produce authenticated copy of this order.

3] Once again, it needs to be recorded that both the parties have adopted an extremely reasonable approach in this matter. 4] Rule is disposed of in the aforesaid terms.

5] In view of the disposal of the Writ Petition, Civil Application does not survive and is disposed of accordingly. Chandka (M. S. SONAK, J.) 2/3

CERTIFICATE "Certified to be true and correct copy of the original signed Order."

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