Vaishnavi Caim Sambuddha v. Alok Nath Sambuddha

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

MJ Jadhav CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6252 OF 2025 WITH INTERIM APPLICATION NO. 8647 OF 2025 WITH WRIT PETITION NO. 6253 OF 2025 WITH Digitally signed by MANGALTAI JAYWANT JADHAV Date:

2025.09.04 14:50:59 +0530 MANGALTAI JAYWANT JADHAV INTERIM APPLICATION NO. 8327 OF 2025 WITH INTERIM APPLICATION NO. 7716 OF 2025 Vaishnavi Caim Sambuddha ... Petitioner Vs.

Alok Nath Sambuddha ... Respondent Ms. Deepa Panicker for the Petitioner.

Mr. Naveen Sharma a/w Noor Alam for the Respondent. CORAM : GAURI GODSE, J.

DATED : 3rd SEPTEMBER 2025 ORDER:

1.

This is an unfortunate case where serious allegations are made concerning the safety and welfare of minor daughter who is around seven years old. The petitioner has kept changing the advocates on record from time to time. On 2nd September 2025, when the matter was called out advocate for the petitioner was Page no. 1 of 4

absent. However, the petitioner had joined through video conferencing. Since the advocate was absent, the petition was directed to be listed today to enable the advocate for the petitioner to appear in the matter.

2.

By order dated 22nd August 2025, the petitioner had made a statement before this Court that she will complete the formalities of filling up the admission form pursuant to the e-mails received from Vibgyor School at Kharghar. The petitioner had assured this Court that if the admission form is not accepted by the school on the ground of payment of security deposit or any other school fees, she would produce the intimation from the school before this Court. However, when the petition was called out on 2nd September 2025, the petitioner who joined through VC submitted that she has secured admission of the child in a different school. Such conduct on the part of the petitioner, amounts to disobeying the orders passed by this Court and disobeying the assurances and acting contrary to the assurances given to this Court. Hence, to give an opportunity to the petitioner to rectify the situation, the petition was directed to be listed today.

3.

Today, Ms. Deepa Panicker appears on instructions of the petitioner. Unfortunately, the counsel has no instructions from the Page no. 2 of 4

advocate on record. Hence, I fail to understand, how Ms. Deepa Panicker can appear in the matter without consent or instructions from the advocate who has filed appearance in this petition. 4.

Learned counsel for the respondent has tendered copy of email dated 27th August 2025 sent by the petitioner to the advocate for the respondent. The e-mail dated 27th August 2025 states that in compliance of the order dated 22nd August 2025, the admission of the minor child has been completed. However, e-mail dated 28th August 2025 send by Vibgyor School at Kharghar to the respondent records that the petitioner has not visited the school and inquired about any fees to be paid at Vibgyor School at Kharghar for securing admission. The compilation of the e-mails tendered by learned counsel for the respondent is taken on record. 5.

A report from the counsellor of the Sukoon Centre is placed on record. I have perused the report. Considering the observations of the learned counsellor, in my opinion, the parties would require further counselling sessions. The issue involved in the matter is regarding a minor daughter who has already faced trauma. 6.

Considering the seriousness of the allegations made against the respondent and the medical papers which are placed on record concerning the minor daughter, in my opinion, the parties would Page no. 3 of 4

require further counselling sessions.

7.

Learned Assistant Registrar of the writ petition department is therefore directed to co-ordinate with the Sukoon Couselling Centre High Court Bombay for arranging further counselling sessions. 8.

Copy of this order shall be forwarded to the Sukoon Centre for arranging further counselling sessions. The concerned counsellor shall place on record further report after conducting at least two counselling sessions.

9.

Since the advocate on record for the petitioner is not present, list this petition on 12th September 2025 at 3.00 p.m. 10.

However, in the meantime, the learned Assistant Registrar of the writ petition department shall forward copy of this order to the Sukoon Centre for arranging urgent counselling sessions. (GAURI GODSE, J.) Page no. 4 of 4