Padmashree Vijay Kadam And ANR v. State Of Maharashtra And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 860 OF 2025 Padmashree Vijay Kadam And Anr.

.....Petitioners

Versus

The State of Maharashtra and Ors.

.....Respondents ----- Yogendra M. Kanchan i/by YML Legal - Advocate for the Petitioners. Mr. Daulat Khamkar - Advocate for Respondent No. 2. Mr. Y. M. Nakhwa - APP for the Respondent-State. PSI D. P. Mane -Kasturba Marg Police Station ----- CORAM : SARANG V. KOTWAL & S.M. MODAK, JJ.

DATE : 21st APRIL 2025 P.C. :

1.

In this matter, we have recorded in the order dated 10.02.2025 that the child was interviewed by us, and he had expressed his desire to stay with the grandmother. We had referred the Parties to Mediation, as they had agreed to explore the possibility of a settlement through mediation and to find a solution in the best interest of the child. It is informed to us today, that the mediation is still going on. Today, a request is made on behalf of the Petitioners that, looking at the approaching summer vacation, the Petitioners be granted by SEEMA KSHITIJ YELKAR Date:

2025.04.25 16:40:12 +0530 SEEMA KSHITIJ YELKAR

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uninterrupted access to the child for a certain period till the matter is heard.

2.

The Petitioners' son is present in the Court with the Respondent No. 4. He showed his willingness to meet the Petitioners on weekends between 01.00 p.m. to 06.00 p.m.. 3.

Learned Counsel for the Respondent No. 4 submits that, at the time of issuing ad-interim direction, it may be considered that the Respondent No. 4 is going to her native place between 14th May to 25th May 2025.

4.

The mediation is still going on; therefore, we are posting this petition beyond the summer vacation of this Court. Considering the wish expressed by the child, the following order is passed:-

ORDER

(i) Stand over to 01st July 2025.

(ii) Till that date, the Petitioners shall have exclusive uninterrupted access of their son between 01.00 pm to 06.00 p.m. on every Saturday and every Sunday.

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(iii) As per the child's desire, both the Petitioners should meet him at the same time during that period.

(iv) The Respondent No. 4 shall not cause any disturbance during the meetings between the Petitioners and their son. (v) The Petitioners can meet their son during the aforesaid period at the place suggested by the child himself. (S.M. MODAK, J.) (SARANG V. KOTWAL, J.)