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Bombay High CourtWP/1079/2025allowed to be withdrawn

Namita Krishna Pawar v. Krishna Sampat Pawar And ORS

2025-03-27Hon'Ble Shri Justice Sarang Vijaykumar Kotwal , Hon'Ble Shri Justice S. M. Modak3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1079 OF 2025 Namita Krishna Pawar .... Petitioner versus Krishna Sampat Pawar & Ors.

.... Respondents .......

• Ms. Deepti Chand, Advocate for Petitioner.

• Smt. M. H. Mhatre, APP for the State/Respondent. • Mr. Umesh Mankapure a/w Satyam A. Surana, Advocate for Respondent No.1.

CORAM

: SARANG V. KOTWAL & S. M. MODAK, JJ.

DATE : 27th MARCH, 2025 P.C. :

1.

Pursuant to the order dated 18/03/2025, the Respondent No.1 has produced the child in the chambers. The child was left in the company of the Petitioner for some time. The child wanted to be with the father. The learned counsel for the Petitioner as well as the Petitioner submitted that since the child is kept away from the Petitioner for more than one month, the child is finding it difficult to be in company with her. Digitally signed by MANUSHREE NESARIKAR Date:

2025.03.27 19:00:11 +0530 MANUSHREE NESARIKAR 2.

In this situation, we have to hear the matter on merits. We have kept a group of matters on 15/04/2025. Therefore, we Nesarikar

2 / 3 propose to keep this matter on the same day on the question of legal issues. In the meantime, some arrangement will have to be made, so that, the Petitioner, who is the mother of the 3 1⁄2 year old child, is not deprived of the company of the child and the child also gets some quality time to spend with the mother 3.

In this regard, learned counsel for the Respondent No.1 in the presence of the Respondent No.1 states that the Respondent No.1 is willing to give uninterrupted access of the child for 5 hours every day in Pune till 15/04/2025. The suggestion from the learned counsel for the Respondent No.1 is quite reasonable. The Petitioner is willing to go to Pune and stay there till 15/04/2025.

4.

Hence, the following order :

O R D E R

(i) The matter be listed on 15/04/2025 at 10.30 a.m. (ii) The parties shall ensure that the Petitioner gets exclusive uninterrupted access for 5 hours every day from 31/03/2025 till 14/04/2025.

3 / 3 (iii) The Petitioner is permitted to file her rejoinder to the affidavit-in-reply in the registry before the next date with a copy to the other side.

(iv) The accommodation of the Petitioner's stay shall be provided by the Respondent No.1.

(v) Stand over to 15/04/2025.

(S. M. MODAK J.) (SARANG V. KOTWAL, J.)