1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4036 of 2009 ( Deepak S. Jaiswal .vs. Rajashri D. Jaiswal) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr.P. S. Patil, Adv. for petitioner. Mr.R.J.Mirza, Adv. for respondent. CORAM : B.P. DHARMADHIKARI, J. DATED : AUGUST 09, 2010. Heard. The matter was heard earlier on 30.7.2010 and today at 2.30 P.M. in the chamber The respondent/mother with her Advocate agreed to hand over custody of child Raj to the sister of petitioner namely Smt. Nisha on 13.8.2010 before this Court. Said sister Smt. Nisha was present before this Court on 30.7.2010 and is not present today as she has gone back to her native place i.e. Ratlam. Mr.R.J.Mirza, Adv., however, states that Smt. Nisha as also petitioner Deepak should file an undertaking in the present matter to permit child Raj to go to his mother during the annual Summer vacation and also whenever he desires to see his mother. He points out that Ratlam schools are also having Diwali vacations of about six days and Summer Vacations of about six weeks. In the circumstances, the petitioner/husband and his sister Smt. Nisha shall file an undertaking on these lines with the Registry of this Court by 13.8.2010. The petitioner/husband shall also undertake to provide for expenditure of to and fro 2 journey of respondent/mother along with one relative from the place of her residence Ratlam and stay there. The affidavits in shape of undertaking be filed by both the parties with the Registry by 13.8.2010. Parties along with child Raj shall remain present in this Court on 13.8.2010 and mother Rajashri shall hand over child to Smt. Nisha in presence of Registrar (Judicial) of this Court on the said day With these directions, the present petition is disposed of. The impugned order passed by the Ad-hoc District Judge-I, Amravati dt. 24.6.2009 in MCA 202 of 2008 is modified to that extent. Rule is made absolute accordingly. No order as to costs. JUDGE jais