Dr. Dhiraj S/O Ramshankarji Gupta v. Dr. Radhika W/O Dr. Dhiraj Gupta @ Dr. Reshma Tarannum Mohd. Nasar

1 CAO432-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (O) NO. 432/2022 IN FAMILY COURT APPEAL NO. 42/2018 (D) (DR.DHIRAJ RAMSHANKARJI GUPTA VERSUS RADHIKA GUPTA (DR.RESHMA INAMDAR)) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri C.S. Kaptan, Senior Advocate with Shri Masood Shareef and Shri A.A. Naik, counsel for the applicant.

Shri J.M. Gandhi, counsel for the non-applicant. CORAM : A. S. CHANDURKAR AND URMILA JOSHI-PHALKE, JJ. DATE :

SEPTEMBER 08 , 2022 .

By this application, the original respondent in the Family Court Appeal has prayed for issuance of a direction pertaining to handing over the passport of the minor child to her. A further prayer is made seeking compliance of Direction No.12(iv) of the judgment dated 26.07.2018. By that clause the respondent/ applicant had been held entitled to complete overnight access to the minor child for the period when she stays at Nagpur subject to the child attending the school.

As per the Office Note the passport of the minor child has been deposited with this Court. The same shall be delivered to the applicant/respondent. Insofar as Direction No.12(iv) of the judgment is concerned, the non-applicant/ appellant shall comply with the same and handover the custody of the minor child to the applicant/respondent in accordance therein. The stipulation made in Direction No.12(iv) takes care of the apprehension as regards the studies of the minor child. The non-applicant/appellant shall accompany the minor child and handover his custody to the Registrar (Judicial) on 08.09.2022 at 05.30 p.m. The Registrar (Judicial) shall thereafter ensure that the custody is given to the applicant/respondent. The civil application is accordingly disposed of. (URMILA JOSHI-PHALKE, J.) (A. S. CHANDURKAR, J.) byROHIT DATTATRAYA APTE APTE