Shri. Pravin S/O Shripatrao Sheware v. Smt. Alka D/O Namdeo Khedkar

2.CAO124.22.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION (O) No.124/2022 in Civil Application No.405/2021 in FCA No.44/2018(D) Praveen s/o Shripatrao Sheware Vs.

Alka d/o Namdeo Khedkar ------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------------------------------ Shri P.S.Sheware, applicant in person.

CORAM :- A.S.CHANDURKAR AND G.A.SANAP, JJ.

DATE :- FEBRUARY 25, 2022.

This application has been moved in Family Court Appeal No.44/2018 with a prayer that the interim custody of the applicant's daughter be granted to enable her to attend a marriage in the family scheduled on 04.03.2022.

It is seen that Family Court Appeal No.44/2018 has been decided by this Court on 09.03.2021 and the proceedings have been remanded to the Family Court for deciding the question of custody/access to the minor daughter. According to the applicant, Civil Application No.405/2021 is still pending in the proceedings. However, it is seen that the aforesaid civil application has been filed after the adjudication of Family Court Appeal No.44/2018.

In view of aforesaid, the applicant is permitted to make the prayer as made in Civil Application No.124/2022 before the Family Court where the proceedings are pending. Considering the urgency as prayed in the application, the following order would serve the ends of justice. (I) The applicant is permitted to approach the Family Court today itself to make a request as made in Civil Application No.124/2022. (2) The Family Court shall consider the prayer of the applicant for serving the non-applicant by various modes which would include service by

2.CAO124.22.odt 2 giving notice on Whatapp.

(3) The Family Court shall take necessary steps and decide the application at the earliest and preferably by 26.02.2022, subject to granting proper opportunity to the non-applicant.

All points raised in the application are kept. The civil application is disposed of.

Authenticated copy be supplied to the applicant. (G.A.SANAP, J.) (A.S.CHANDURKAR, J.) Andurkar..

ANDURKAR Personal Assistant 25.02.2022 12:10