Hemraj S/O Sukkal Gajbhiye And Another v. Satish S/O Devidas Belekar

2024:BHC-NAG:12739 961-wp-6556-24(j).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition (WP) No. 6556 of 2024 Hemraj S/o Sukkal Gajbhiye and another

Versus

Statish S/o Devidas Belekar Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri R.R.Prajapti, Advocate for the petitioners. Shri S.J.Chavhan, Advocate for the respondent. CORAM : N.R.BORKAR, J.

DATED : 12th NOVEMBER, 2024.

This petition takes exception to the order dated 25th October, 2024 passed by the Additional Sessions Judge, Bhandara, below Exhibit 45 in M.J.C. No. 92 of 2023.

2.

By the order impugned, learned Additional Sessions Judge has directed the present petitioners - maternal grand parents to handover the custody of the minor child - Sahas for any four days between 28th October, 2024 to 6th November, 2024 to the respondent-father.

SKNair

961-wp-6556-24(j).odt 3.

This Court by order dated 1st November, 2024 granted stay to the impugned order. The petition thereafter could not be heard and during the pendency of the petition, the period for which interim custody was granted has expired. In that view of the matter there is no point in hearing the present petition on merit. However, it would be open to the respondent-father to file fresh application for interim custody before the trial Court and if such application is filed, the same shall be decided expeditiously.

4.

The petition is disposed of in aforesaid terms.

[N.R.BORKAR, J.] SKNair