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Bombay High CourtWP/1282/2024disposed off

Dr Yamini Suhas Chaudhari v. State Of Maharashtra And ANR

2024-08-13Hon'Ble Smt. Justice Bharati Dangre , Hon'Ble Justice Smt Manjusha Ajay Deshpande2 pages

1/2 1 WP 1282-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1282 OF 2024 Dr. Yamini Suhas Chaudhari ..

Petitioner

Versus

The State of Maharashtra and anr ..

Respondents ...

Mr.Nachiket V Kulkarni for the petitioner.

Dr.Yamini Suhas Chaudhari, petitioner present in person. Adv. Harshal Savla i/b Mayur Faria for respondent no.2. Dr.Suhas Chaudhari, respondent no.2 present in person. Dr.A.A. Takalkar, APP for the State.

CORAM: BHARATI DANGRE & MANJUSHA DESHPANDE, JJ.

DATED : 13th AUGUST, 2024 (IN CHAMBER) P.C:- Once again we have interacted with the petitioner and the respondent no.2.

Despite a serious attempt being made to reconcile the stressful relationship shared by them, unfortunately no positive result is seen.

We had also an opportunity to interact with the minor girl on the last date of hearing and we found her to be comfortable with the father, to whom her temporary custody was granted by order dated 10/05/2024. The girl is now placed in a School in Nashik and has her regular curriculum to follow.

Leaving it open for the petitioner to file appropriate proceedings seeking custody of the minor child before the appropriate court, since we have now noted that the child is in custody of her father, Ashish

2/2 1 WP 1282-24.doc pursuant to our order, we permit the petitioner to have access to the child by visiting her in Nashik as and when she deem it fit, with a prior intimation being given to the father, who shall ensure that on that date, the girl shall remain present in the house and even the petitioner shall be permitted to take the child outside for whatever period of time, which the child can spare.

In addition, she is permitted to contact the child through video conferencing on Whatapp video call, considering to the convenience of the child and we make it clear that no obstructions shall be faced by her at the instance of respondent no.2, or his family members. Since, we have noted that the girl child is with the father and she expressed her willingness to continue to reside with him, the purpose of the present petition is served, hence we dispose off the Writ Petition. (MANJUSHA DESHPANDE,J) (BHARATI DANGRE, J.) Ashish