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Bombay High CourtWP/11828/2025disposed off

Nitin Dilip Bubera v. Monika Nitin Bubera

2025-09-18Hon'Ble Shri Justice Madhav J. Jamdar5 pages

Arjun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by ARJUN VITTHAL KUDHEKAR Date:

2025.09.19 22:21:22 +0530 WRIT PETITION NO.11828 OF 2025 ARJUN VITTHAL KUDHEKAR Nitin Dilip Bubera

...Petitioner

Versus

Monika Nitin Bubera

...Respondent

_______________________________________________________________ Mr. B. G. Tangsali, for the Petitioner.

Mr. Kishor H. Hase, for the Respondent.

_______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.

DATED: 18 SEPTEMBER 2025 P.C.:

1.

By the present Writ Petition filed under Article 227 of the Constitution of India, the challenge is to the Order dated 12th August 2025 passed by the learned Principal Judge, Family Court, Thane below Exhibit-18 in Petition A - 431 of 2024.

2.

Pursuant to the Order dated 11th September 2025, the Petitioner - Nitin Dilip Bubera has restored the custody of the minor daughter to the Respondent-mother on 12th September 2025. Thus, Paragraph 11(2) of the impugned Order dated 12th August 2025 has been complied with. The said Clause No.11(2) of the Order dated 12th August 2025 of the learned Principal Judge, Family Court, Thane

directing that the custody of minor daughter shall remain with the mother till final disposal of the main Petition i.e. Petition No. A-431 of 2024, is confirmed.

3.

As far as direction as contained in Paragraph No.11(4) concerning visitation rights of the Petitioner-father to meet the minor daughter are concerned, the parties have arrived at a temporary arrangement till disposal of the Petition No. A - 431 / 2024 by way of the 'Consent Terms' dated 18th September 2025. 4.

Both, the Petitioner and the Respondent are personally present in Court and state that both of them have arrived at the Consent Terms. Both of them have signed the Consent Terms. The respective Advocates have also signed the Consent Terms and they identify the signatures of the respective clients. Accordingly, the Consent Terms are taken on record and marked "X" for identification. A scanned copy of the Consent Terms is reproduced herein below :-

5.

Various statements made by both the Petitioner and the Respondent in the Consent Terms are accepted as undertakings given to this Court.

6.

Accordingly, the Writ Petition is disposed of by confirming the Order dated 12th August 2025 passed by the learned Principal Judge, Family Court, Thane below Exhibit-18 in Petition A - 131 of 2024, subject to modification as set out in the Consent Terms. 7.

The Writ Petition is disposed of in above terms with no order as to costs.

[MADHAV J. JAMDAR, J.]