- 1 - rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPLICATION NO.182 OF 2009 in FAMILY COURT APPEAL NO.74 OF 2009 Mrs.Vida John Doiminic (alias) ... Applicant Vida Thelma Dias vs Mr.John Dominic Noronha ..Respondent .. Mr.P.M.Havnur for Applicant Mr.Anthony T.Morgues for Respondent. CORAM: P.B.MAJMUDAR AND R.V.MORE,JJ DATED: August 11, 2009 P.C.: 1. By way of this application, the applicant, who is the mother of minor child Roger Kevin Noronha, has prayed that she may be allowed to retain the custody of her son Kevin in Ireland so as to enable her son to pursue his education at Ireland. The applicant and the respondent are husband and wife respectively. A matrimonial dispute is going on between both of them. The applicant at present is serving in Ireland and respondent-husband is serving in Saudi Arabia. The learned counsel for the applicant and the respondent respectively informed this Court today that this Civil Application can be disposed of by passing an appropriate order that the custody of the minor child Kevin be handed over to the applicant- - 2 - wife and the applicant may retain the custody of the child at Ireland. It is agreed between the applicant and the respondent, through their respective advocates, that the minor child Kevin shall be sent to India during Christmas vacation for a period of 10 days starting from 23rd December, 2009 to 6th January, 2010. The airfare for the said visit is to be borne by the applicant and respondent jointly and accordingly the applicant-wife shall bear the expenditure for sending the child from Ireland to India and expenditure regarding return journey from India to Ireland shall be borne by the respondent- husband. During the above period minor son Kevin will be staying at the house of the respondent-husband at Kalyan. However, the child will be initially sent at his maternal grand parent’s house at Vikroli, Mumbai from where the respondent will take his custody and after completion of 10 days at Kalyan, he will send back the child at Vikroli house where the grand parents of the minor child are staying. The applicant-wife to inform the respondent- husband the actual date on which the minor child will be sent to Mumbai at the maternal grand parent’s house so that the respondent-husband may take custody of the child. However, with a view to see that the child Kevin may be allowed to stay with his father during Christmas days, the applicant-wife may make an attempt to see that the child is sent to Mumbai latest by 24th evening and the respondent-husband may take the temporary custody of - 3 - the child either on 24th evening or on 25th morning from the maternal grand parents’s house at Vikroli,Mumbai. The respondent however, is strictly directed to send back the child at the said place on completion of period of 10 days so that the child can come back to Ireland and pursue his studies after the vacation. 2. Similarly, the child also will be sent from Ireland to Saudi Arabia where the respondent-husband is serving or at any other place where he might be serving and such visitation shall be for a period of 15 days starting from 1st July, 2010 up to 15th August, 2010. During the said period, the applicant shall send the child for 15 days and the respondent is directed to send back the child after 15 days to Ireland so that he can pursue his studies. Regarding the second visit i.e the place where the respondent-husband is serving, the entire expenditure of the journey will be borne by the respondent-husband. It is pointed out to the Court that the respondent may have some difficulties in getting visa. The applicant, therefore at the cost of the respondent-husband try to get visa for the second visit as indicated above in this order. The aforesaid arrangement to continue for all subsequent Christmas vacations and subsequent vacations starting as per the school calender. Such arrangement to continue till further orders. It is clarified that the aforesaid order - 4 - is passed in view of the expressed consent given by both the learned advocates appearing for the parties and both the learned advocates have pointed out that they have taken consent from their respective clients in this behalf. 3. The applicant-wife may inform the respondent- husband by way of telephonic communication or by e-mail as to the date on which the son Kevin will be sent to Mumbai as well as to Saudi Arabia or at at any place of the respondent’s employment at least one week in advance. 4. Needless to say that if the son Kevin wants to talk with the father, then the mother will allow the child to talk with his father by making necessary arrangements of providing mobile or telephone to him. The applicant-wife to provide facilities to the child Kevin by way of e-mail or by other mode of communication so that he can talk with his father. Similarly, if any telephone of the respondent is received, the applicant-wife will allow the child to talk with his father. In case the applicant leaves the country, she will also inform the respondent- husband and he will also inform the applicant-wife in case his employment is changed from Saudi Arabia. Both the learned advocates has assured this Court that this arrangement will continue without any difficulty and till the appeal is decided. - 5 - 5. Considering the above facts and circumstances, the appeal is fixed for final hearing in the first week of March, 2010. Civil Application is disposed of accordingly. All concerned to act on an authenticated copy of this order. R.V.More, J P.B.Majmudar, J - 6 -