Vaishnavi Caim Sambuddha v. Alok Nath Sambuddha

502-ao-258-2025-ia-7716-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 258 OF 2025 WITH INTERIM APPLICATION NO. 7716 OF 2025 Vaishnavi Caim Sambuddha ... Appellant/Applicant vs.

Alok Nath Sambuddha ... Respondent Mr. Altaf Khan a/w. Ms. Supriya Ghadge for the Appellant Mr. Naveen Sharma for Respndent.

CORAM : GAURI GODSE, J.

DATED : 25th APRIL 2025 ORDER:

1.

Not on board. Taken on the production board.

2.

This appeal is preferred by the mother of the minor child challenging the order passed by the learned district judge on 10th April 2025. By the impugned order, overnight custody is granted to the respondent-father. This order is passed under the provisions of the Guardians and Wards Act, 1890.

3.

Learned counsel for the respondent raises preliminary Digitally signed by VARSHA VIJAY RAJGURU Date:

2025.04.25 20:28:00 +0530 objections that this appeal is not maintainable. Learned counsel for VARSHA VIJAY RAJGURU Page no. 1 of 2

502-ao-258-2025-ia-7716-2025.doc the appellant submits that the appeal would be maintainable under the provision of Guardians and Wards Act. He further submits that Appeal from Order No. 850 of 2024, arising out of order passed for interim custody is already pending before this court and the next date is 2nd May 2025.

4.

Learned counsel for the appellant submits that the Hon'ble Apex Court has already passed the order granting visitation rights to the respondent-father during the pendency of the appeal which is listed on 2nd May 2025.

5.

In view of the aforesaid, list this appeal on 2nd May 2025 alongwith Appeal from Order No. 850 of 2024. In view of the order already passed by the Hon'ble Apex Court on 16th December 2024, the execution and implementation of the impugned order shall remain stayed till further orders.

6.

List both the appeals on 2nd May 2025.

(GAURI GODSE, J.) Page no. 2 of 2