Mrs. Ujwala Appaji Bongale v. Mr. Appaji Maruti Bhongale

WP6410_18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6410 OF 2018 Ujwala Appaji Bongale ...

Petitioner Vs.

Appaji Maruti Bongale ...

Respondent Mr. A. B. Tajane for Petitioner.

Mr. Uday P. Warunjikar for Respondent.

CORAM : R. G. KETKAR, J.

DATE :

JUNE 22, 2018 P.C. :

Heard Mr. Tajane, learned Counsel for the petitioner and Mr. Warunjikar, learned Counsel for the respondent. 2.

Petition was disposed of on 04.06.2018 and was ordered to be listed for reporting compliance on 19.06.2018 to ensure that respondent deposited Rs.1,23,000/- in the Family Court, Solapur. Mr. Warunjikar states that respondent has deposited that amount in the Family Court within the stipulated period. Mr. Tajane does not dispute the said fact. 3.

During the course of hearing, the learned Counsel for the parties have brought to my notice, the Purshis at exhibit-19 filed by the petitioner herein (respondent before the Family Court) and the order passed by the learned Judge of the Family Court. Mr. Warunjikar invited my attention to paragraph 7 of the impugned order. Paragraph 7 recorded that the learned Principal Judge, Family Court, Solapur had interacted with the child in her Chambers and after taking child in confidence inquired from the child if he would like to spend remaining vacation with his father. The child has shown his readiness to go to the father. He submitted that the impugned order was passed on 21.05.2018 and when the child was interviewed by the learned Judge on 06.06.2018 1/2

WP6410_18.doc that time, he showed reluctance to go with the respondent father. After perusing the order dated 06.06.2018, in my opinion, the learned Judge of the Family Court should have taken assistance of the Marriage Counsellor attached to the Family Court at Solapur for parenting and therapeutic work. The Marriage Counsellor will interact with the parties as also the son and submit report to the Family Court. The respondent is at liberty to file application for compensating the access, which is denied to him in pursuance of the impugned order. All contentions of the parties in that regard are expressly kept open. (R. G. KETKAR, J.) Minal Parab 2/2