IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.4089 OF 2018
Kirti Rahul Bhavsar …Petitioner
Rahul Praksh Bhavsar & Anr. …Respondent
–Mr.Laxman P. Kanal for the Petitioner.
CORAM: SMT.BHARATI H. DANGRE, J.
DATE : 06th APRIL 2018
1. The petitioner wife is aggrieved by an order passed by the Family Court at Mumbai on 04th December 2017, thereby ordering cancellation of maintenance awarded to the child under Section 125 of the Criminal Procedure Code by an order passed by the Family Court. The husband moved an application seeking access to the child and access order was passed by the Family Court.
2. By the impugned order, the learned Family Court Judge observed that there was disobedience of the order granting access on various dates the access was not granted and the wife remained continuously absent for granting such an access. Resultantly by the impunged order, on taking note of her conduct, the maintenance, which was granted maintenance only to the child came to be cancelled.
3. On perusal of the proceedings, it is true that the access could not be availed on several dates by the father. However, the order curtailing the maintenance cannot be sustained because it would ultimately effect the young child who was dependent on the maintenance. In such circumstances, the maintenance order is liable to be restored subject to the petitioner complying with the direction granting access to the father. The learned counsel for the petitioner undertakes to this Court, in presences of the petitioner in the Court that there would be no default in granting such access in compliances of the directions by the Court and if at all on a particular date. It is not possible to grant access an advance intimation would be send to the father so that he would not travel on the way from Jalgaon to avail the access.
4. In such circumstances, issue notice to the respondent, returnable on 04th May 2018. In the meantime, the order passed by the Family Court on 04th December 2017 is stayed. It is however, made clear that the stay is subject to the petitionermother granting access in terms of the directions issued by Family Court, Mumbai, by order dated 24th October 2016. Let the first access be granted to the respondent on 21st April 2018 and also on 28th April 2018, thereafter the access should be granted in terms of the order dated 24th October 2016. The respondent is also directed to continue payment of maintenance to the child in terms of the order.
(SMT.BHARATI H. DANGRE, J.)