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Bombay High CourtMCA/952/2019disposed of

Arun Sharma., v. Roxann Sharma.,

2019-10-21Hon'Ble Shri Justice Prithviraj K. Chavan3 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 952 OF 2019 IN SECOND APPEAL NO. 75 OF 2018 ARUN SHARMA ... Applicant

Versus

ROXANN SHARMA ... Respondent Applicant in Person.

Ms. C. Collasso, Advocate for the Respondent. Coram:- PRITHVIRAJ K. CHAVAN, J.

Date:- 21st October, 2019 P.C.:

By this application, the applicant prays for overnight custody of his son Master Thalbir from 23/10/2019 to 31/10/2019, on the grounds, more particularly, described in paras 4,5 & 6 of the application.

2.

The application is opposed on behalf of the respondent wife, according to whom the applicant has already been getting sufficient visitation rights and the respondent has been abiding

with the orders passed by this Court from time to time. It is further contended that such an extensive excursion as depicted in para 3 of the application would be detrimental to the minor son Master Thalbir, more particularly, for his home school and violin classes, which are on every Friday.

3.

Having considered the respective submissions at bar, I am of the opinion that the custody of Master Thalbir will have to be given to the applicant, so that both the applicant and the son would get reasonable time to have love and affection, which is important for the overall psychological and emotional development of the child, who is just seven years old. It is expected that the applicant shall ensure that his son would get all the love and affection which he deserves during few days of Diwali. The following order would, therefore, meet the ends of justice.

4.

The custody of the son Master Thalbir be handed over to applicant on 23/10/2019 at 9.00 a.m. till 28/10/2019 at 6.00 p.m.

The applicant shall hand over the custody of Master Thalbir to the respondent between 6.00 to 6.30 p.m. on 28/10/2019. 5.

Ms. Collasso, the learned Counsel for the respondent, on instructions, submits that the respondent would approach the applicant to take the custody of the son, Master Thalbir on 28/10/2019 between 6.00 to 6.30 p.m.

6.

Application stands disposed of in the aforesaid terms. PRITHVIRAJ K. CHAVAN, J.

NH