Bombay High CourtCAO/256/2016dispossed offdismiss for default

Pravin Shirpatrao Sheware v. Alka Pravin Sheware

2016-06-21Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi2 pages

2106cao256.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION O. NO.256/2016 IN FAMILY COURT APPEAL ST. NO.2657/2016 Pravin s/o Shripatrao Sheware ...Versus...

Alka w/o Pravin Sheware - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.D. Dhande, Advocate for applicant/appellant Shri A.A. Sambaray, Advocate for respondent CORAM : SMT. VASANTI A. NAIK AND MRS. SWAPNA JOSHI, JJ.

DATE : 21.06.2016 Shri Dhande, the learned Counsel for the appellant states that since it is now realized that while passing the judgment and decree dated 29.8.2013, the family Court had granted liberty to the parties to approach the family Court for further direction that may be necessary in the interest and welfare of the child in the matter of access of the child, the appellant is desirous of moving an appropriate application before the family Court for grant of access/visitation right, as per the Rules framed by the High Court. It is stated that since it would be open for the appellant to move the family Court in the matter relating to the visitation right/access to the child, the appellant would file appropriate proceedings before the family Court.

2106cao256.16.odt On a reading of the judgment dated 29.8.2013, we find that the family Court has, in the operative part of the judgment, dated 29.8.2013, observed that it would be open for the parties to approach the family Court for further directions in the matter of access. The learned Counsel for the appellant has rightly stated that in view of the liberty granted to the appellant to approach the family Court for necessary directions, directions could be sought by filing appropriate proceedings before the family Court.

In view of the aforesaid, we dispose of the civil application. Consequently, the Family Court Appeal also stands disposed of with no order as to costs.

JUDGE JUDGE Wadkar