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Bombay High CourtWP/39/2016disposed of

Agnelo John Bosco Savio Fernandes. v. Maria Beatriz De Souza.

2016-01-15Hon'Ble Shri Justice S. B. Shukre2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 39 OF 2016 AGNELO JOHN BOSCO SAVIO FERNANDES.

... Petitioner

Versus

MARIA BEATRIZ DE SOUZA.

... Respondent Mr. A. F. Diniz and Mr. Ryan Da Piedade Menezes, Advocates for the petitioner.

Mr. J. A. Lobo, Advocate for the respondent.

Coram:- S. B. SHUKRE, J.

Date:- 15th January, 2016 P.C.

After hearing the learned Counsel for the petitioner and the learned Counsel for the respondent for some time, it has emerged that the parties are aggreable to take up this issue before the Trial Court, for which, the petitioner shall file a suitable application tomorrow i.e. on 16/01/2016 and the parties also agree that they shall remain present before the Trial Court tomorrow i.e. on 16/01/2016 at 10.00 a.m. and attempt to work out the solution through some mutual settlement. In case no settlement is possible, the Trial Court shall consider the prayer of the petitioner for grant of further visitation rights in accordance with law, including the request for visitation rights for 16/01/2016 and 17/01/2016.

WP/39/2016

2. Accordingly, the petition is disposed of, with liberty to file a fresh one, if there is cause of action.

3. It is made clear that the observations made by this Court in the order passed on 13/01/2016 would be restricted to the consideration of the limited prayer made on that date and the Trial Court shall not be influenced by them in any manner, having regard to the submission of the learned Counsel for the respondent that the concession given by the respondent was restricted to only one and half hours of the visitation rights.

S. B. SHUKRE, J.

SMA