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Bombay High CourtMCA/682/2019disposed of

Arun Sharma., v. Roxann Sharma.,

2019-08-06Hon'Ble Shri Justice Prithviraj K. Chavan2 pages

--1- MCA 682-2019

IN THE HIGH COURT OF BOMBAY AT GOA.

MISC. CIVIL APPLICATION NO. 682 OF 2019.

IN SECOND APPEAL NO.75 OF 2018.

Arun Sharma ... Applicant.

Versus

Roxann Sharma ... Respondent.

Applicant present in person.

Ms. D. Tulkar, Advocate for the respondent.

Coram:- PRITHVIRAJ K. CHAVAN, J.

Date:- 6th August, 2019.

P.C.

Heard the applicant in person as well as Ms. D. Tulkar, learned Counsel appearing for respondent.

2.

Perused the affidavit in reply tendered by the respondent which is annexed with requirements/guidelines issued by the US Embassy/Consulate. 3.

This Court has passed an order on 08.07.2019. Operative portion reads thus:- (i) The passport of the applicant-Ms. Roxann Sharma shall be returned to her.

(ii) The passport of the respondent-Mr. Arun Sharma shall also be returned to him.

(iii)The passport of the minor Thalbir Sharma shall be handed over to

--2- MCA 682-2019 the respondent-Mr. Arun Sharma for purposes of getting it renewed from the American Consulate in Mumbai, subject to the respondent filing an affidavit vide clause (vi) and (vii) below. (iv) The respondent-Mr. Arun Sharma shall get the PIO card of the minor converted to OCI card as per Rules, within a period of eight weeks from today.

(v) The respondent-Mr. Arun Sharma shall redeposit the passport of the minor after its renewal, along with the OCI card of the minor before this Court, within eight weeks from today. (vi) The respondent-Mr Arun Sharma shall file an affidavit before this Court, thereby undertaking to get the passport renewed and to get the PIO card converted to OCI card and further undertaking to deposit the same before this Court within eight weeks from today. (vii) The respondent-Mr. Arun Sharma shall also file an affidavit that he is not holding any British Passport/Nationality. Stand over to 03.07.2019."

4.

Prayer of the applicant to the extent of taking his son Master Thalbir Sharma to Mumbai for renewal of his American passport is granted. The applicant shall comply with the directions issued by this Court as above in the order dated 08.07.2019, scrupulously.

5.

With the consent of the applicant and the learned Counsel for the respondent custody of the child shall be handed over to the mother latest by 6.00p.m on 11.08.2019.

6.

Application stands disposed of.

PRITHVIRAJ K. CHAVAN, J.

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