Avinash Suresh Tharani v. Barkha Avinash Tharani Nee Barkha Chawla

Digitally signed by IRESH MASHAL Date:

2024.07.05 20:31:04 +0530 IRESH MASHAL Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8050 OF 2024 Avinash Suresh Tharani .....Petitioner Vs.

Barkha Avinash Tharani Nee Barkha .....Respondent Chawla Mr. Ranvir Shekhawat i/b M/s. Raj Legal for the petitioner Mr. Leon Samuel for respondent CORAM : GAURI GODSE, J.

DATE :

5th JULY 2024 ORDER:

1.

Learned counsels submit that the parties are exploring the possibility of settlement and they need some more time to finalize the terms.

2.

Learned counsel for the petitioner makes a request that the petitioner be permitted to get overnight access as he has missed to avail the summer vacation access.

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3.

Learned counsel for the respondent submits that since long, the child has not stayed with the father overnight, hence, instead of overnight access, let the child spend time during the day at a neutral place.

4.

Learned counsels agree that the petitioner will be permitted to spend time with the child tomorrow i.e. on 6th July 2024 from 2.30 pm to 9.00 pm at Phoenix Mall at Kurla, Mumbai.

5.

Learned counsel for the respondent submits that respondent shall drop the child at the mall and hand over custody of the child to the petitioner for availing the aforesaid access. 6.

Learned counsel for the petitioner on instructions of the petitioner who is present in the Court submits that he shall hand over the custody back to the respondent or her father whoever comes to pick up the child at 9.00 p.m. at the same place.

7.

Learned counsel for the respondent submits that respondent will make all efforts to see that the child is handed over smoothly to the petitioner.

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8.

Petitioner who is present in the Court assures this Court that in the event the child is not comfortable, he will not insist to keep the custody of the child for the entire period of access and intimate the same to respondent to enable her to get the custody before the aforesaid time.

9.

List the petition on 22nd July 2024 under the caption "For Settlement".

[GAURI GODSE, J.] 3/3