Dhanraj Girdhar Gaikwad v. Jyotibai Dhanraj Gaikwad And Another

2024:BHC-AUG:26260 9281.23WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1 WRIT PETITION NO. 9281 OF 2023 DHANRAJ GIRDHAR GAIKWAD

VERSUS

JYOTIBAI DHANRAJ GAIKWAD AND ANOTHER ...

Advocate for the petitioner : Mr.S.T.Solanke ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 21.10.2024 P.C. :

1] The learned counsel for the petitioner submits that by the order dated 31.03.2023 in Civil M.A.No.506/2021, the District Judge-3, Jalgaon permitted the petitioner to meet the respondent no.2 (child) on working first and third Saturday of each month's at Chalisgaon Court premises in between 10 a.m. to 4 p.m. The learned further submits that notwithstanding the impugned order dated 31.03.2023, the petitioner is not permitted to meet the child. The learned counsel further submits that the respondent no.1 has performed second marriage and she is residing at Gujrath State and the custody of the child is with her parents. The learned counsel further submits that the petitioner is better position to take proper care of his child, who is special child. The petitioner is working as Medical Officer at Pune. Therefore, the

9281.23WP learned counsel submits that the present petition may be allowed.

2] Liberty is granted to the petitioner to make appropriate application before the same Judge / Court in a changed circumstance. If such an application is filed by the petitioner seeking custody of the child, the concerned Court would decide the said application in accordance with law. 3] With the above observations, the present Writ Petition is disposed of.

[ARUN R. PEDNEKER] JUDGE DDC