Amit Arjun Bhivande v. Ms. Priyanka D/O Narayan Jadhav

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.751 OF 2025 WITH CONTEMPT PETITION NO.701 OF 2025 Amit Arjun Bhivande

...Petitioner

Versus

Priyanka d/o. Narayan Jadhav

...Respondent

Mr. Ghanshyam Mishra a/w. Ms. Ekta Bhalerao and Sujeet Chaudhary, for the Petitioner.

Mr. Sahim Ansari, for the Respondent.

Mr. Amit Arjun Bhivande, Petitioner present in-person. Ms. Priyanka d/o. Narayan Jadhav, Respondent present in-person.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

23rd JANUARY 2026 PC:

1.

Heard Mr. Mishra, learned Counsel appearing for the Petitioner and Mr. Ansari, learned Counsel appearing for the Respondent.

2.

The challenge in this Writ Petition is to the order dated 16th November 2024 passed by the learned Joint Civil Judge, Senior

Division, Panvel, in HMP No.532 of 2023. The Operative Part of the said order reads as under:

"O R D E R

1) Application is partly allowed.

2) The respondent-wife is hereby directed to bring Mst. Aryansh in the Court premises at every third Saturday in between 11.00 a.m. till 1.00 p.m., to meet the petitioner."

3.

By order dated 11th June 2025 passed in this Writ Petition, a learned Single Judge has modified the above order to certain extent. The said modification is in paragraph No.3 of the said order dated 11th June 2025, which reads as under:

"3. In the meanwhile, in continuation of the Order dated 26th February 2025 the Respondent shall give access of the minor son to the Petitioner on 2nd and 4th Sunday between 11:00 a.m. to 01:00 p.m. of every month on mutually agreed place, till the pendency of the proceedings. So far as this month is concerned, since second Sunday has already gone, the Respondent shall give access of the son to the Petitioner on 15th and 29th June 2025."

(Emphasis added) Thus, in effect what has been directed by the learned Single Judge is that the Petitioner-father shall be given access of the child on 2nd and 4th Sunday between 11:00 a.m. to 01:00 p.m.

4.

The Contempt Petition No.701 of 2025 has been filed as order dated 16th November 2024 as modified by a learned Single Judge by order dated 11th June 2025 has not been complied with. 5.

It is the contention of Mr. Ansari, learned Counsel appearing for the Respondent-wife that the Petitioner is not paying any maintenance towards child.

6.

The Petitioner-Amit Arjun Bhivande is personally present in Court and states that he will deposit an amount of Rs.1,00,000/- towards past maintenance of the child within a period of one week from today in the account of the Respondent-Priyanka Narayan Jadhav. The Petitioner also undertakes that he will pay all educational expenses including school transport charges. The Petitioner also undertakes that an amount of Rs.10,000/- per month will be deposited in the account of the Respondent-wife. First such payment shall be made on or before 10th February 2026. Learned Counsel of the Respondent submits that the said deposit is totally inadequate. However, the said payment is towards maintenance of child and the said deposit is without prejudice to the rights and contentions of both the parties.

7.

In view of the facts and circumstances, both the learned Counsel, on instructions, state that by consent of the parties, the following order be passed:

ORDER

(a) The Respondent-wife shall give access of child at mutually agreed place between 11:00 a.m. to 02:00 p.m. on 2nd and 4th Sunday of each month. As far as access on 8th February 2026 is concerned, the same is to be given on 7th February 2026, which is birthday of the child.

(b) The Petitioner-father will have also phone access on each Tuesday and Thursday between 08:00 p.m. to 08:15 p.m. including video call access.

(c) On 23rd February 2026, both the Petitioner and the Respondent along with the child shall go to mutually agreed place between 12 noon to 03:00 p.m. to celebrate birthday of the Petitioner.

(d) The Petitioner shall deposit an amount of Rs.1,00,000/- towards past maintenance of the child within a period of one week from today in the account of the Respondent-Priyanka Narayan Jadhav. The Petitioner also undertakes that he will pay all educational expenses including school transport charges. The Petitioner shall deposit an amount of Rs.10,000/- per month in the account of the Respondent-wife towards maintenance of the child. First such payment shall be made on or before 10th February 2026.

(e) It is specifically made clear that all these payments are without prejudice to the rights and contentions of both the parties and subject to the orders to be passed on maintenance application by the learned Trial Court.

8.

All these statements made by both the learned Counsel, on instructions of their respective parties, are accepted as undertakings given to this Court.

9.

Accordingly, the Writ Petition and the Contempt Petition are disposed of in above terms with no order as to costs. [MADHAV J. JAMDAR, J.] Digitally signed by SONALI MILIND PATIL Date:

2026.01.23 19:48:54 +0530 SONALI MILIND PATIL