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Bombay High CourtWP/10974/2024disposed off

Lt Col. Gaurav Sudam Shetty v. Dr. Megha Gaurav Shetty

2024-08-12Hon'Ble Shri Justice Madhav J. Jamdar4 pages

Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10974 OF 2024 Lt Col. Gaurav Sudam Shetty .....Petitioner Vs.

Dr. Megha Gaurav Shetty .....Respondent WITH WRIT PETITION NO. 11935 OF 2023 Dr Mrs Megha Gaurav Shetty alias Ms. Megha ....Petitioner Bhujanga Shetty Vs.

Lt. Col. Dr. Gaurav Sudam Shetty ....Respondent Ms. Shabnam Kazi a/w Mr. Himanshu Nagarkar for the petitioner in WP 10974/2024 and for respondent in WP 11935/2023 Mr. Ghanshyam Mishra a/w Ms. Ekta Bhalerao for the petitioner in WP 11935/2023 and for respondent in WP 10974/2024 Mr. Gaurav Shetty petitioner in WP 10974/2024 and respondent in WP 11935/2023 present in person Mrs. Megha Shetty respondent in WP 10974/2024 and petitioner in WP 11935/2023 present in person CORAM : GAURI GODSE, J.

DATE :

12th AUGUST 2024 ORDER:

1.

Matter was kept back for the learned counsel for the parties to 1/4

take appropriate instructions from their clients regarding possibility of an amicable settlement. On the second call, learned counsels inform that the parties would be agreeable to put an end to the entire dispute considering the welfare and interest of the minor daughter who is six years old.

2.

Learned counsel for the petitioner-wife submits that within a week, he shall intimate the learned counsel for the respondenthusband regarding wife's offer for an amicable settlement. 3.

Learned counsel for the respondent-husband submits that she will respond to the same within a week thereafter. 4.

It is clarified that the offer and counter offer made by the parties would be without prejudice to their rights and contentions in the pending litigations.

5.

With regard to the respondent-husband availing access to meet the minor daughter, parties agree that respondent-husband will be permitted to meet the minor daughter tomorrow at Viviana Mall at Thane from 7.00 p.m. to 9.00 p.m.

6.

The petitioner-wife agrees and submits that she will be present in the mall during the period of availing access, however, she will permit 2/4

the husband to spend independent time with the child. 7.

Learned counsel for the respondent-husband on the instructions submits that respondent-husband will also make efforts to see that the child as well as the petitioner-wife is comfortable during the period of availing access. Since the respondent-husband is working in the Indian Army, he is required to report back. Hence, the parties agree that respondent-husband shall hand over an independent mobile handset in which the petitioner-wife agrees to install a separate sim card which will be used only for the purpose of availing video access by the respondent-husband to talk with the minor daughter. 8.

Parties agree that respondent-husband shall be permitted to call on the said number everyday in between 7.30 to 9.00 p.m. The petitioner-wife agrees that she will keep the handset charged so that the respondent-husband will be able to call to talk with the minor daughter at the aforesaid time. Respondent-husband agrees that he will keep the sim card recharged.

9.

Petitioner-wife submits that she will hand over sim card tomorrow i.e. on 13th August 2024 at the time of access so that the same can be activated in the new handset that will be provided by the respondent3/4

husband.

10.

Learned counsel for the respondent-husband has handed over the demand draft for an amount of Rs. 1,57,087/- to the petitioner-wife towards the arrears of maintenance. Respondent-husband further submits that he shall continue to pay the amount of maintenance for the child as per the impugned order.

11.

Both the parties who are present in the Court assure this Court that the aforesaid arrangement shall be abided by both the parties and they shall make every endeavour to see that the child is comfortable at the time of availing access by the respondent-husband. 12.

List the petition under the caption "For Settlement" on 27th August 2024.

[GAURI GODSE, J.] Digitally signed by IRESH MASHAL Date:

2024.08.12 18:24:07 +0530 IRESH MASHAL 4/4