Bombay High Court
Vedant Vijaykumar Jatia vs Swati Vedenat Jatia on 10 May, 2019
Bench: R. I. Chagla
904-CAW-1174-2019 V.B.Gokhale IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1174 OF 2019 IN WRIT PETITION NO.14519 OF 2018 Vedant Vijay Jatia ..Applicant IN THE MATTER BETWEEN Swati Vedant Jatia ..Petitioner. V/s. Vedant Vijaykumar Jatia ..Respondent __________ Mr. R. T. Lalwani a/w. S. Jayakar (Lalwani) and Sarah Kapadia I/b. Vikrant Shetty for applicant. Ms. Toubon F. Irani for respondent. __________ CORAM : R. I. CHAGLA, J.
(Vacation Court) DATE : 10th MAY, 2019 PC :-
1. Heard the learned counsel for the applicant/husband and the learned counsel for the respondent/wife. By this application, the applicant/husband is seeking to avail access to the minor children Gayatri (11 years) and Vir (10 years) from the last day of their school i.e. from 23/05/2019 and 1 of 3::: Uploaded on – 10/05/2019 ::: Downloaded on – 11/05/2019 03:22:43 ::: 904-CAW-1174-2019 during the summer vacation till 15/06/2019.
2. It is pointed out that by an order dated 22/12/2018, this court had similarly granted access to the applicant/husband and that the respondent/wife had been directed to handover the custody of the children at the Family Court complex, Bandra, in the presence of Court Counselor/Marriage Counselor attached to the Children Court complex. This arrangement was made subject to further orders to be made by this court. The applicant/husband was to avail access in terms of Family Court order dated 12/12/2018. It is, accordingly, submitted that similar order may be passed as regards summer vacation. The learned counsel for the respondent has stated that the access which is to be granted to the applicant should only be granted after calling for the Family Court Counselor’s report, regarding access to be granted.
3. Having considered the submissions, ad-interim order can be granted in the application in terms of the order passed by the learned Judge of this court (M. S. Sonak, J.) dated 22/12/2018.
4. In similar terms, by way of interim arrangement, in so far as summer vacation is concerned, the respondent/Wife shall provide access of the children to the applicant/husband during the period from 23/05/2019 till 15/06/2019 by reaching the children at the Family Court complex, Bandra 2 of 3::: Uploaded on – 10/05/2019 ::: Downloaded on – 11/05/2019 03:22:43 ::: 904-CAW-1174-2019 and handover the custody of children to the applicant/husband in presence of Court Counselor/Marriage Counselor attached to the Children Court complex. Thereafter the applicant/husband may avail access in terms of Family Court’s order dated 12/12/2018.
5. The aforesaid arrangement shall be subject to further orders to be made by this Court in the present Writ Petition No.14519 of 2018. The application shall be placed before regular court, in so far as, other reliefs sought by the applicant are concerned.
6. All rights and contentions of the parties kept open and this arrangement is, therefore, clearly without prejudice to their rights and contentions of the parties.
7. Stand over to 04th June, 2019 along with Writ Petition No.14519 of 2018.
8. All concerned to act upon the authenticated copy of this order.
(R. I. CHAGLA, J.) 3 of 3::: Uploaded on – 10/05/2019 ::: Downloaded on – 11/05/2019 03:22:43 :::
Bombay High Court