1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPLICATION (M)NO.59 OF 2006 CIVIL APPLICATION (M)NO.59 OF 2006 CIVIL APPLICATION (M)NO.59 OF 2006 IN IN IN FAMILY COURT APPEAL NO.35 OF 2005 FAMILY COURT APPEAL NO.35 OF 2005 FAMILY COURT APPEAL NO.35 OF 2005 Uttara Milind Chavan ...Applicant Uttara Milind Chavan ...Applicant Uttara Milind Chavan ...Applicant Vs. Vs. Vs. Milind Anant Chavan ...Respondent Milind Anant Chavan ...Respondent Milind Anant Chavan ...Respondent ----- ----- ----- Mr.V.V.Thorat for Applicant Mr.V.V.Thorat for Applicant Mr.V.V.Thorat for Applicant Mr.Tanaji Mhalugade i/b./ Mr.A.V.Anturkar for Mr.Tanaji Mhalugade i/b./ Mr.A.V.Anturkar for Mr.Tanaji Mhalugade i/b./ Mr.A.V.Anturkar for Respondent Respondent Respondent CORAM: R.M.S.KHANDEPARKAR & CORAM: R.M.S.KHANDEPARKAR & CORAM: R.M.S.KHANDEPARKAR & SMT.ROSHAN DALVI, JJ. SMT.ROSHAN DALVI, JJ. SMT.ROSHAN DALVI, JJ. DATED: 3RD APRIL, 2006 DATED: 3RD APRIL, 2006 DATED: 3RD APRIL, 2006 P.C. P.C. P.C. 1. Heard the Advocate for the applicant and the 1. Heard the Advocate for the applicant and the 1. Heard the Advocate for the applicant and the respondent. Perused the application and the records respondent. Perused the application and the records respondent. Perused the application and the records in Family Court Appeal No.35 of 2005. in Family Court Appeal No.35 of 2005. in Family Court Appeal No.35 of 2005. 2. This is an application seeking leave of the 2. This is an application seeking leave of the 2. This is an application seeking leave of the Court to take abroad the children of the parties to Court to take abroad the children of the parties to Court to take abroad the children of the parties to the proceedings, i.e. to Australia during the period the proceedings, i.e. to Australia during the period the proceedings, i.e. to Australia during the period from April to May, 2006 for holidays. from April to May, 2006 for holidays. from April to May, 2006 for holidays. 3. It is the case of the applicant that the 3. It is the case of the applicant that the 3. It is the case of the applicant that the parties have 2 children out of their wed-lock and both parties have 2 children out of their wed-lock and both parties have 2 children out of their wed-lock and both the children are staying with the applicant and even the children are staying with the applicant and even the children are staying with the applicant and even during the proceedings in the Court the custody of the during the proceedings in the Court the custody of the during the proceedings in the Court the custody of the children was always with the applicant and the children was always with the applicant and the children was always with the applicant and the respondent had no objection for the same, nor he had respondent had no objection for the same, nor he had respondent had no objection for the same, nor he had asked for visiting rights in respect of the children. asked for visiting rights in respect of the children. asked for visiting rights in respect of the children. 2 It is her further case that her sister stays at Sydney It is her further case that her sister stays at Sydney It is her further case that her sister stays at Sydney in Australia and on her invitation the applicant wants in Australia and on her invitation the applicant wants in Australia and on her invitation the applicant wants to travel to Australia along with her children to to travel to Australia along with her children to to travel to Australia along with her children to spend holidays during the month of April and May, spend holidays during the month of April and May, spend holidays during the month of April and May, 2006, and for that purpose she has already obtained 2006, and for that purpose she has already obtained 2006, and for that purpose she has already obtained the passport. The respondent inspite of being served the passport. The respondent inspite of being served the passport. The respondent inspite of being served with the application has not filed any reply. with the application has not filed any reply. with the application has not filed any reply. 4. Learned Advocate appearing for the applicant 4. Learned Advocate appearing for the applicant 4. Learned Advocate appearing for the applicant made categorical statement that his instructions are made categorical statement that his instructions are made categorical statement that his instructions are that the application should not be objected to. that the application should not be objected to. that the application should not be objected to. 5. In view of the fact that there is no objection 5. In view of the fact that there is no objection 5. In view of the fact that there is no objection on the part of the respondent to allow the applicant on the part of the respondent to allow the applicant on the part of the respondent to allow the applicant to take the children to Australia for holidays and the to take the children to Australia for holidays and the to take the children to Australia for holidays and the applicant having appropriate facility to stay in applicant having appropriate facility to stay in applicant having appropriate facility to stay in Australia and to provide necessary accommodation for Australia and to provide necessary accommodation for Australia and to provide necessary accommodation for the children during the holidays in Australia, the the children during the holidays in Australia, the the children during the holidays in Australia, the application is allowed in terms of prayer clause (a) application is allowed in terms of prayer clause (a) application is allowed in terms of prayer clause (a) subject to the condition that the applicant shall subject to the condition that the applicant shall subject to the condition that the applicant shall ensure the return of the children to India and within ensure the return of the children to India and within ensure the return of the children to India and within the limits of the jurisdiction of this Court on or the limits of the jurisdiction of this Court on or the limits of the jurisdiction of this Court on or before 15th June, 2006. before 15th June, 2006. before 15th June, 2006. 6. The application is accordingly disposed of 6. The application is accordingly disposed of 6. The application is accordingly disposed of with the above order. with the above order. with the above order. 3 (SMT. ROSHAN DALVI, J,) (R.M.S.KHANDEPARKAR,J.) (SMT. ROSHAN DALVI, J,) (R.M.S.KHANDEPARKAR,J.) (SMT. ROSHAN DALVI, J,) (R.M.S.KHANDEPARKAR,J.)