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Bombay High CourtWP/2114/2020disposed offdismissed for default

Vishal Shyamrao Narwade v. Manisha Vishal Narwade

2020-02-04Hon'Ble Shri Justice Rohit B. Deo2 pages

31-wp-2114-2020.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 31 WRIT PETITION NO.2114 OF 2020 VISHAL SHYAMRAO NARWADE

VERSUS

MANISHA VISHAL NARWADE ...

Advocate for Petitioner : Mr. Kadam Gajanan G. ...

CORAM : ROHIT B. DEO, J.

DATED : 04th FEBRUARY, 2020.

PER COURT:- .

The learned counsel for the petitioner states that his client is not ready to spend time with the child in presence of the wife.

2.

The operative part of the order impugned reads thus:

"[1] Till disposal of the main petition, the applicant and respondent along with their daughter shall spend time together from the morning at about 09.00 a.m. on every Sunday till about 11.00 a.m. on the Monday.

[2] Needless to mention that both the husband and wife shall spend quality time with the child without indulging in personal acrimony."

3.

The District Judge has noted that both the parties as well as their advocates agreed that considering the age of the daughter, the husband and wife shall spend time together from 09.00 am Sunday to 11.00 am Monday. The

31-wp-2114-2020.odt (2) District Judge took pains to emphasize that both husband and the wife consented to such arrangement in open Court. There is no averment in the petition that what is recorded in the order impugned, did not transpire.

4.

The petition is an abuse of process of law and is dismissed with cost of Rs.1,000/-.

5.

If the cost is not deposited in the registry of this Court within four weeks, the same shall be recovered as an arrears of land revenue from the petitioner.

(ROHIT B. DEO, J.) Mujaheed//