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Bombay High CourtIA/1318/2024disposed off

Sou. Kalyani Santosh Kshirsagar v. Shri. Santosh Narayan Kshirsagar

2024-07-12Hon'Ble Shri Justice B.P. Colabawalla , Hon'Ble Shri Justice Firdosh Phiroze Pooniwalla3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1318 OF 2024 IN FAMILY COURT APPEAL NO.18 OF 2024 Kalyani Santosh Shirsagar .. Applicant

Versus

Santosh Narayan Shirsagar .. Respondent Mr.Nikhil Pujari, Advocate for the Applicant-Wife. Ms.Surin Usgaonkar a/w Atul Redkar, Advocates for Respondent-Husband.

Digitally signed by UTKARSH KAKASAHEB BHALERAO Date:

2024.07.16 10:47:26 +0530 UTKARSH KAKASAHEB BHALERAO Mrs.Kalyani Shirsagar, Wife is present in Court. Mr.Santosh Shirsagar, Husband is present in Court.

CORAM

:B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ.

DATE : JULY 12, 2024 P. C.

1.

By our order dated 26th April 2024 we had recorded an agreement between the parties that until the above Interim Application is heard and decided, on every Saturday, the Respondent-Husband will give access of the daughter-Ananya to the Appellant-Wife for 6 hours. In other words the Respondent-Husband shall drop the child to the

residence of the Appellant-Wife at 3.00 p.m. on every Saturday and fetch her again from the said residence at 9.00 p.m. on the very same day. Our order recorded that this arrangement was to continue until further orders. We had also stated in our order that we will consider to grant overnight access to the mother on any given Saturday. 2.

Today when the matter is called out, we are happy to note that both the Appellant-Wife and the Respondent-Husband have put aside their differences and have put the child-Ananya first. They have both agreed that the Appellant-Wife can have overnight access for the child-Ananya. It is agreed that the child-Ananya can be fetched from her school by the Appellant-Wife on Saturday after school hours, namely, at around 3.10 to 3.15 p.m. and be with the child till Sunday evening 6 p.m., when the Respondent-Husband shall go and fetch the childAnanya from the residence of the Appellant-wife. The parties have further agreed that this overnight access shall continue till further orders unless modified by us. We now place the above Interim Application on board on 9th August 2024.

3.

If for any reason the Appellant-Wife is unable to fetch the child from the school on any given Saturday she shall give prior

intimation of the same to the Respondent-Husband who shall make arrangements to have the child fetched from the school and dropped to the residence of the Appellant-Wife.

4.

Stand over to 9th August 2024.

5.

Personal Assistant of this Court. All concerned will act on production by [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]