Bombay High CourtWP/14540/2017disposed offdismissed for default

Manjiri Vinit Vaidya v. Vinit Vilas Vaidya

2018-08-13Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

*1* 13wp14540o17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 14540 OF 2017 MANJIRI VINIT VAIDYA

VERSUS

VINIT VILAS VAIDYA ...

Advocate for the Petitioner : Mrs.Kulkarni Smita S.. Advocate for the Respondent : Mrs.Mane Ratna R.. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 13th August, 2018 Per Court:

I have heard the learned Advocates for the respective sides at length. With their assistance, I have gone through the impugned order dated 13.10.2017 by which, the learned Principal Judge, Family Court, Aurangabad has allowed the application Exhibit-11 filed by the Respondent/Father and has permitted the Respondent/ Father to visit his daughter in the Childrens Complex at the Family Court at Aurangabad between 11:00 am to 01:00 pm on every first, third and fifth Saturday. Expenses of traveling would be paid to the Petitioner/ Mother on the dates of such visits.

After hearing the litigating sides, I called upon the learned Advocate for the Respondent/ Father to state whether, he would accept

*2* 13wp14540o17 visitation rights with his daughter on every first and third Saturday in a month. He is agreeable. So also, the learned Advocate for the Petitioner/mother has also taken instructions and submits that the Petitioner is also agreeable for the same. However, a request is made that the Respondent/ father should not misbehave with the Petitioner/ mother in the presence of the child or at any time inside or outside the court premises. Instances are given to indicate such misbehaviour. The learned Advocate for the Respondent/ Father submits that the father has never committed any such acts. The father assures that he does not have any intention of committing any such act of misbehaviour.

In view of the above, this Writ Petition is partly allowed. The impugned order dated 13.10.2017 is modified to the extent of clause 2 and the Respondent/ father is permitted to have the company of his daughter on the first and third Saturday of each month in the Childrens Complex at Family Court, Aurangabad from 11:00 am to 01:00 pm. Rest of the conditions set out in the impugned order are maintained. The Respondent/ father would ensure that there is no unpleasant or untoward incident that would occur at his behest during such visits. kps (RAVINDRA V. GHUGE, J.)