1 WP 5424/10 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5424 OF 2010 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Shailesh Shah i/b Mrs. T.F. Irani for the petitioner. Mr. P.S. Chavan for the respondent. CORAM : D.G. KARNIK, J. DATE : 2ND AUGUST 2010 P.C. : 1. Heard. 2. By this petition, the petitioner challenges the order dated 15 May 2010 passed by the learned Judge, Family Court, Mumbai, allowing the respondent’s application for access to the child. 3. The child is 3 ½ years old. The petitioner undoubtedly is the father of the child. 2 WP 5424/10 Consequently, he is entitled to access to the child. Access has been allowed only for 2 hours twice a month which, taking into consideration the facts of the case, cannot be held to be unreasonable. This would enable the child to develop a bond with the respondent-father. 4. Learned counsel for the petitioner submitted that the respondent has no affection for the child and has not cared for the child nor paid educational expenses. At the date of the application, the child was 3 years old. Therefore, there was no occasion for the respondent to pay for education of the child which ordinarily begins after that age. Counsel for the petitioner submitted that the child was sent to the school when she was one year and seven months old and not at the age of 3. It is not necessary to go into that controversy. In any event, non-bearing of the educational expenses upto the age of 3 years cannot be a ground for rejecting access to the 3 WP 5424/10 child. 5. The writ petition is rejected summarily. 6. Learned counsel for the petitioner prays for stay of the trial court’s order as the petitioner wants to challenge the order in the superior court. The trial court’s order is stayed for 4 weeks. (D.G. KARNIK, J.)