Ashish S/O Anandrao Patil v. Prajakta W/O Ashish Patil

(1) 25wp1342.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.1342/2025 Ashish Anandrao Patil .Vs. Mrs. Prajakta Ashish Patil --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mrs. J. D. Dharmadhikari, Advocate for petitioner. Ms H Bondre, Advocate instructed by Mrs. P. M. Girdekar, Advocate for respondent.

CORAM :

ANIL L. PANSARE, J.

DATE :

JUNE 16, 2025 At the outset, learned counsel for respondent seeks time to file reply. Granted.

2.

On 12.03.2025, following order was passed.

"Heard.

The argument is that before leading evidence in the case filed by the petitioner - husband for divorce, he had moved application for custody of child and, thereafter, tendered affidavit in lieu of chief-examination and thus, the evidence covered the main petition seeking divorce, so also, custody of child. The respondent - wife had cross-examined the petitioner. The Family Court, however, of its own, permitted the respondent to again cross-examine the petitioner on the point of custody of child. The argument is two fold. Firstly, that the respondent had earlier cross-examined the petitioner and, therefore, there was no need to grant such permission. Secondly, the permission has been granted without having been sought by the respondent. Issue notice, returnable in three weeks.

In the meanwhile, there shall be stay to the proceeding viz. Petition No. A-308/2019 pending before the Family Court No.1, Nagpur."

3.

As could be seen, the order impugned deals with permission to cross-examine the petitioner and in that context, the proceedings pending before Family Court, Nagpur was stayed.

(2) 25wp1342.25 4.

Counsel for the petitioner submits that since the proceedings pending before the Family Court have been stayed, the Family Court has refused to accept the application filed by the petitioner seeking interim custody of the child during Summer Vacation. The vacation will be over on 25.06.2025. Accordingly, she made a request to direct the Family Court to consider her prayer for interim custody.

5.

The request appears to me to be reasonable. The reason why the proceedings pending before the Family Court were stayed is in context with permission granted to cross-examine the petitioner. The Family Court was, however, at liberty to deal with interim application pertaining to the rights of the parties, pending proceeding, particularly, if the issue involved relates to the well being of the child. The Family Court is accordingly requested to decide the application, if request of such a nature is made but the same shall be considered on its own merit.

6.

Counsel for the petitioner submits that she will approach the Family Court, tomorrow for taking up the case on board so that her application could be considered well within time. 7.

Counsel for respondent shall take note of the aforesaid fact and upon receipt of the intimation thereof, the respondent shall appear before the Family court.

8.

Interim order to continue till then.

(Anil L. Pansare, J.) Kahale