Kaushik Shah v. Khyati Shah

Megha 37_cp_323_2024.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.323 OF 2024 Kaushik Shah

...Petitioner

V/s.

Mrs. Khyati Kaushik Shah

...Respondent

______________ Mr. Abhijit Sarwate with Advocate Hardev K. Aidhan for the Petitioner.

Mr. Shanay Shah with Ms. Sarah Kapadia, Ms. Ankita Pachouri and Ms. Anoushka Thangkhiew i/b. M/s. Vesta Legal for the Respondent.

______________ CORAM: SANDEEP V. MARNE, J.

Dated: 26 March 2025.

P.C.:

1) The learned counsel appearing for the Petitioner, on instructions, seeks leave to withdraw the Contempt Petition with liberty to file appropriate application for alleged breach of order dated 30 April 2024, before the learned Judge of the Family Court. He would however, make a request that the application MEGHA SHREEDHAR PARAB (s) filed by the Petitioner for grant of access, particularly in MEGHA SHREEDHAR PARAB Date: 2025.03.28 17:46:41 +0530 respect of the ensuing vacation may be directed to be decided by the Family Court in an expeditious manner.

Page No.

1 of 26 March 2025

Megha 37_cp_323_2024.docx 2) Though this Court is not aware of the pendency of the cases of the learned Judge of the Family Court and would have ordinarily avoided directing decision of proceedings expeditiously, considering the facts and circumstances of the case where Petitioner could not get access of the children during last summer vacation, the learned Judge shall consider the application (s), if moved by the Petitioner, for grant of access in the ensuing summer vacation in an expeditious manner. Such application shall be decided on its own merits without being influenced by any of the observations made by this Court in the present order.

3) Contempt Petition is accordingly disposed of as withdrawn. All contentions raised in the contempt petitions are expressly kept open.

[SANDEEP V. MARNE, J.] Page No.

2 of 26 March 2025