(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 6242 OF 2009 Vaishali Pramod Dahatonde, Age : 28 years, Occupation : Household, R/o. Devkar Phata, Kolar Budruk, Taluka : Rahata, District : Ahmednagar. .. Petitioner. versus Pramod Bhimaji Dahatonde, Age : 35 years, Occupation : Service, R/o. Pratiksha Bungalow, Phulari Mala, Mandhan Bungalow Road, Sai Colony, Savedi, Ahmednagar. .. Respondent. .......................... Mr. A.K. Gawali, Advocate, for the petitioner. Mr. N.V. Gaware, Advocate, for the respondent. .......................... (2) CORAM : B.R. GAVAI, J. DATE : 18TH SEPTEMBER 2009. COURT'S ORDER : 1. Rule. Rule made returnable forthwith. Heard by consent. 2. By way of present petition, the petitioner, who is mother of child, by name, Shruti, challenges the order passed by the learned District Judge-2, Ahmednagar, dated 7th September 2009, below Exhibit 50 in Civil Miscellaneous Application No. 4/2008, vide which it is directed that the said child would be put in the custody of the respondent, father, on every Saturday in between 5.30 p.m. to 6.00 p.m. By the impugned order, it is further directed that the child would remain with the respondent, father, overnight the Saturday and that the respondent shall hand over custody of the child on Sunday at Kolhar outpost in between 5.30 p.m. to 6.00 p.m. This arrangement has been made till pendency of the application filed by the respondent, father, for custody of the child Shruti. 3. Since this court prima facie found that it will not be in the interest of the child, at this stage, taking into consideration her age i.e. 7 years, to keep her away from her mother, during the night of Saturday, the learned Counsel for the parties were requested to seek instructions as to whether any other alternate arrangement could be worked out, so that the interest of the child is also taken care of, and that right of the (3) respondent, father, to spend time with his daughter is also not taken away. 4. Mr. A.K. Gawali, learned Counsel appearing for the petitioner, and Mr. N.V. Gaware, learned Counsel appearing for the respondent, have taken instructions from their respective clients and have informed that the clients have responded positively and have agreed, that either of them would not mind, if the child Shruti spends the entire Sunday with the respondent, father. 5. In that view of the matter, the petition is partly allowed. The order dated 7th September 2009, passed by the learned District Judge, Ahmednagar, below Exhibit 50, in Civil Miscellaneous Application No.4/2008, is modified in its paragraph 2, as under : (a) The petitioner shall be entitled to have the custody of child Shruti on every Sunday between 7 - 7.30 a.m. to 7 - 7.30 p.m. during the pendency of the Civil Miscellaneous Application No. 4/2008. (b) The respondent shall hand over the custody of the child Shruti at Kolhar outpost on every Sunday between 7 to 7.30 a.m. The child Shruti shall be in the custody of the petitioner during the entire Sunday. The petitioner shall return the custody of the child Shruti to the respondent on the evening of Sunday between 7 p.m. to 7.30 p.m. (c) The officer on duty at Kolhar outpost shall supervise over handing over and return of the custody and shall maintain record to that effect. (4) 6. Rule is made absolute in the aforesaid terms. There shall be no order as to costs. 7. Authenticated allowed for the use of the respective parties. ( B.R. GAVAI ) JUDGE ......................... bgp/wp6242