1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR WRIT PETITION NO. 4967 OF 2009 Ms. Pritam Bhatty d/o Mr. Feroz Mehboob Bhatty Vs. Rabindra Kishan Hazari Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's Orders ________________________________________________________________________________ Shri Masood Shareef Adv., for petitioner. Shri A. S. Agrawal for respondent. CORAM: B. P. DHARMADHIKARI J. Dated: 2 nd MARCH, 2010. Heard Advocate Shri Shareef for petitioner-mother and Advocate Shri A. S. Agrawal for respondent-father. Mrs. Khade learned Assistant Government Pleader has already filed report on record. She has also interviewed the child in seclusion and sealed envelope containing statement of that child is also on record. Matter has come up before this Court because of refusal of Family Court to permit the mother to file reply to application at Ex. 13. By the said application respondent-father had sought access to the child. In view of the subsequent orders passed by this Court on 2 29.01.2010 and 05.02.2010 and the Report of the Commissioner which has come on record it is apparent that mother as also father need to be given opportunity to file their replies/objections to the said report of the Commissioner. After said objections/replies are filed, Family Court will be required to reconsider the issue in the light of material coming before it on record. At present the child is undergoing education and her examination is reported to be scheduled sometime in April 2010. I, therefore, do not find it proper to disturb the child till her examination is over. Hence the parties are permitted to complete the process of filing their objections/replies to the report of Commissioner before Family Court by 29.03.2010. Thereafter the Family Court shall proceed to hear the parties in the light of said material, preferably after 15.04.2010 as by said date examination of child will be over. The sealed envelop containing the statement of girl child may be opened by Family Court if it is found necessary. The parties shall assist the Family Court in reaching proper decision in the matter. In view of this challenge in present Writ Petition is rendered infructuous. However all contentions raised by parties are kept open for consideration by Family Court. Writ Petition is accordingly disposed of with no order as to costs. The Registry shall send the copies of orders dated 29.01.2010, 3 05.02.2010 and report of Commissioner along with its Annexures and sealed envelop containing the statement of child to the Family Court by 29.03.2010. JUDGE svk 4 5 6