Manjiri Shardul Dev v. Shardul Shamprasad Dev And Others

1 956-WP-14587-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.14587 OF 2021 MANJIRI SHARDUL DEV

VERSUS

SHARDUL SHAMPRASAD DEV AND OTHERS ...

Advocate for Petitioner : Mrs. M. L. Sangit Advocate for Respondent Nos. 1 to 3 : Mr. Rajendra Deshmukh, Senior Advocate i/b Mr. D. R. Deshmukh ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 26th AUGUST, 2022 PER COURT :

1.

By this petition, filed under Articles 226 and 227 of the Constitution of India, petitioner wife challenges the order dated 27/08/2020, passed by learned District Judge-1, Kopargaon, below Exhibits 29 and 49 in Civil M.A. No.03/2020, which is filed by the petitioner for custody of her son Reyansh from respondent No.1 husband. Both husband and wife are advocates by profession. 2.

Petitioner and respondent No.1 were called in chamber to explore possibility of amicable settlement of the dispute. After interacting with them and their advocates, it is clear that settlement is not possible in the present matter.

3.

Order dated 05/08/2022, passed below Exhibit-1 in continuation to common order below Exhibits 29 and 49, is brought

2 956-WP-14587-21.odt to the notice of this Court. By this order, the order dated 27/08/2020, passed below Exhibits 29 and 49 is modified in respect of place of visitation as well as time of visitation. In this view of the matter, prayer clause 'A' in the present petition does not survive. 4.

It is informed that Civil M.A. No.03/2020 is kept before the trial Court on 29/08/2022 for consideration of interim applications filed by both the parties.

5.

In the light of the above facts, this petition is disposed of, with direction to the trial Court to decide the pending interim applications within a period of two months from today. Civil M.A. No.03/2020 shall be decided within a period of three months thereafter.

6.

With these directions, writ petition is disposed of. (NITIN B. SURYAWANSHI, J.) SVH