1 Ladda IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4647 OF 2009 Shri Shreyans Ashok Kothadia ..Petitioner. vs. Sou. Sonali Shreyans Kothadia ..Respondent. Shri Abhinandan B. Vagyani with Manoj A. Patil for the petitioner. Smt. Sonali Shreyans Kothadiya in person - the Respondent present in the Court. CORAM: A.R.JOSHI,J. (VACATION JUDGE) DATE : 13th MAY,2009. P.C.:- 1. Heard learned Advocate for the petitioner-husband, also heard the respondent-wife who has not engaged an Advocate. This Court had also a conference with both the children, son aged about 4 years and daughter 6 years respectively. This Court also had a conference with the petitioner - husband and respondent – wife, together. Such conference with the parties and their children were 2 separately taken in the chamber. It was tried to ascertain by the Court whether there could be a amicable settlement between the husband and wife though the divorce petition is still pending, filed by the respondent wife before Kalyan Court. However, at this moment, it appears that the respondent - wife is not willing to resume the marital obligations and not desirous of reconciliation. 3. During the meeting with the children, it is ascertained as to whether the children have any inclination to be with their father. During the talks, daughter stated that she has vacation class of Abacus Maths during this summer vacation. It is also ascertained that both the children are not willing to go with the present petitioner. During the arguments, the learned counsel for the petitioner submitted that such conduct of the children can be considered as they are all along in the custody of the family members of the wife-respondent and her parents and as such the state of mind of both the children must have been developed showing affinity towards their mother i.e.,the respondent. All the same, considering the tender ages of the children in the opinion of this Court, it is not a case in which the present writ petition can be allowed which is for three fold prayers as to getting the custody of the children during this ensuing summer vacation and also on coming 3 Diwali and winter vacation. Though, such is the prayer, during the arguments it is submitted on behalf of the petitioner that presently the petitioner does not press the custody for Diwali and winter vacation. 4. Considering the above circumstances, there is nothing to entertain the present petition so far as giving the custody of both the children to the petitioner during the present summer vacation. As such, in view of these observations nothing survives in the present writ petition and the same is accordingly disposed of at the admission stage. A.R.JOSHI,J.