Asheesh Antia v. Rustom Adi Mody

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION PARSI PETITION NO.1 OF 2018 Asheesh Anita )....Petitioner V/s.

Rustom Adi Mody )....Respondent ---- Mr.Karl Tamboly a/w Ms.Namrata Jayakar I/by Jayakars for petitioner.

Ms.Pooja Jalan for respondent.

---- CORAM : K.R.SHRIRAM,J (IN CHAMBER) DATE : 20.2.2019 P.C.:- 1.

Petitioner and respondent are present so also the two minor children Deenah and Emma, aged 13 and 8 years, respectively. I met the parents i.e., petitioner and respondent first with the Advocates then only the parents, then only the children and finally the children with the parents and the Advocates. The meeting lasted about 1 1⁄2 hours.

2.

After hearing the parties and their counsel and the children, the consent decree dated 23.4.2015 is modified, with the consent of KJ

2/2 PP1.18.doc the parties, so far as the access to the 2 children is concerned. Parties requested no reasons be given.

The modification is as under :- (a) Respondent will have access to and meet the children Deenah and Emma as and when the children are ready to meet him ; (b) It will be open to respondent to send a message to petitioner to check whether the children are ready and willing to meet respondent and to fix a mutually convenient time. Mutually convenient time means the time and date mutually convenient to petitioner, respondent and the children ;

(c) This modification applies to the weekly meetings and also to the annual holidays during school vacation ;

In short, this modified arrangement covers the entire access to the children.

3.

Respondent appreciates that interest of the children are paramount and the children as they are growing up, their wishes are also to be respected and he will honour the wishes of the children. 4.

Petition stands disposed in the above terms.

(K.R.SHRIRAM,J) KJ