Jeena Aakash Raghani v. Aakash Kishore Raghani

HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.593 OF 2024 Jena Aakash Raghani .. Petitioner

Versus

Aakash Kishore Raghani .. Respondent ....................

 Mr. Rammani Upadhyay, Advocate for Petitioner.  Mr. Ravi Rattesar a/w. Ms. Shradha Talkar, Advocates for Respondent.

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CORAM

: MILIND N. JADHAV, J.

DATE : OCTOBER 25, 2024 P.C.

:

1.

Heard Mr. Upadhyay, learned Advocate for Petitioner and Mr. Rattesar, learned Advocate for Respondent. 2.

Contempt Petition alleges breach of twin orders dated 01.07.2024 and 20.08.2024. It is stated by the Petitioner who is the biological mother of child (girl child, age - 8 years) that forcible custody has been taken by the Respondent and thereafter the child has not been returned back to the Petitioner.

3.

Though no reply has been filed by the Respondent, Mr. Rattesar would submit that there are valid reasons including medical reasons for keeping the custody of the child with the Respondents. Be that as it may since there is a specific allegation of breach of orders passed by the Court, Respondent is directed to file Affidavit-in-Reply within a period of two weeks from today. This Court shall consider the case of both the parties on the next adjourned date immediately after

reopening.

4.

In the interim, Mr. Upadhyay would submit that since custody has been granted by the Family Court of the child with the Petitioner - mother, some directions be passed by the Court against the Respondent to hand over the custody of the child with the Petitioner - mother.

5.

In view of the submissions made by Mr. Rattesar that there are valid reasons, inter alia, pertaining to certain health issues, as also other issues, I propose to hear the Respondent after Respondent files his Affidavit-in-Reply and only thereafter, if so required directions can be passed. However in the interim, considering the impending Diwali Vacation there shall be no impediment to the Petitioner to visit the child who is presently housed with the Respondent and if Petitioner does so the Respondent shall not object the same or prevent the Petitioner from visiting the child. If there is any restriction on the part of Respondent or the family members of the Respondent, liberty to apply to the Vacation Court.

6.

In the event if Petitioner desires to visit the child at a neutral venue, she shall inform the Respondent by any permissible mode of information and Respondent shall respond to the same and ensure that meeting of the child takes place with the mother at the neutral venue so as to avoid any issues.

7.

Needless to state that both the Petitioner and Respondent shall behave as matured individuals and ensure that welfare and need of the child is of paramount consideration whenever such meetings takes place and they shall ensure that they shall not quarrel with each other so as to have a bad influence on child. 8.

Stand over to 27th November, 2024.

H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date: 2024.10.25 15:21:43 +0530 HARSHADA HANUMANT SAWANT