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Bombay High CourtIA/30430/2022allowed

Madhurima Deepak Pant v. Deepak Lalitprasad Pant

2022-12-21Hon'Ble Shri Justice Shivkumar Dige2 pages

ABK 18-ia-30430-2022.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 30430 OF 2022 WITH WRIT PETITION NO. 12421 OF 2019 Madhurima Deepak Pant ...Applicant Vs.

Deepak Lalitprasad pant

...Respondent

....

Ms. firoza Daruwala i/b. Prabha U. Badadare for the Applicant. Mr. Deepak L. Pant-Respondent party-in-person. ....

CORAM : S. G. DIGE, J.

DATE : 21st DECEMBER, 2022.

P.C. :

1.

Heard learned counsel for the applicant and party-in-person. By this application, applicant seeks permission to permit Applicant's son Ayush travel to Rajasthan along with the applicant and with his Sister Anshita during Christmas Vacation from 22/12/2022 to 28/12/2022 (both days inclusive).

2.

Respondent-party-in person strongly objected to allow the application on the ground that the access to Ayush is being denied to him in spite of the order passed by this Court.

3.

Respondent-party-in-person submits that, the Ayush needs constant presence of his father in life and not for two hours, because his father left as a visitor in the life of the child. Hence, as per the order of 1/2

ABK 18-ia-30430-2022.doc family court access should be given to him.

4.

The learned counsel for the applicant submits that child is not ready to meet his father and every time applicant tries to convince the child. Now he is 12 years boy and he keeps crying and on last occasion when in Oberoi Mall, applicant brought him to meet his father-respondent, he was running away from first floor to third floor. Hence, counseling of child is going on. After counseling this Court may pass an appropriate order for access of child.

5.

I have heard both the parties, admittedly, this Court earlier passed an order to give access of Ayush to the respondent. Applicant is directed to allow the respondent to meet the Ayush in applicant's house on 21/12/2022 at 5.00 pm for half an hour, then on 30/12/2022 at 5.00 pm for half an hour and on 02/01/2023 at 5.00 p.m. for half an hour. The respondent shall not intimidate or use force on the Ayush while meeting him.

6.

The applicant is permitted to go to Rajasthan during Christmas Vacation from 22/12/2022 to 28/12/2022 (both days inclusive). 7.

Application is allowed and disposed of.

(S. G. DIGE, J.) 2/2