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Smt. Vipula Uttam Magdum vs Shri. Uttam Mahaveer Magdum on 19 December, 2019

spb/ 907wp7984-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 7984 OF 2019

Smt. Vipula Uttam Magdum … Petitioner.
V/s.
Shri Uttam M. Magdum …Respondent.

Mr. Dhairyasheel Sutar, Advocate for the Petitioner.
Mr. Uday P. Warunjikar, Advocate for the Respondent.

CORAM : UJJAL BHUYAN, J.

DATE : DECEMBER 19, 2019.

PC :

1 Heard Mr. D. Sutar, learned counsel for the
Petitioner and Mr. U. Warjunjikar, learned counsel for
the Respondent.

2 This petition challenges order dated
03.06.2019 passed by the learned District Judge-1,
Ichalkaranji in Misc. Application No. 6 of 2018 at Exh.1/
B under the Guardians and SectionWards Act, 1890, pertaining
to custody of the child.

3 Petitioner is mother of the child and
Respondent is the father. It is a matrimonial dispute
between them, pursuant to which the child is in custody
of the Petitioner. As per the impugned order visitation

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rights have been granted to the Respondent to visit
his child from 1 p.m, to 5 p.m. on every second and
fourth Saturday and Sunday. This order is under stay.

4 After hearing learned counsel for the parties
and on due consideration, court is of the view that
preventing the Respondent-father from having access
to his child altogether would not be justified.

5 Petitioner-wife shall ensure that Respondent
is able to visit the child in her custody on 25.12.2019
and 29.12.2019 any time between 10 a.m. to 6 p.m.
(both days).

6 In the meanwhile, parties may sit across the
table and try to find out an amicable settlement.

7 Stand over to 09.01.2020.

(UJJAL BHUYAN, J.)
…..

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