1 WP 8860/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Amk WRIT PETITION NO.8860 OF 2010 Preeti Subodh Soman .. Petitioner Vs. Subodh Shashikant Soman .. Respondent Mr. R. S. Datar i/b Pankaj J. Das for the Petitioner. Mr. Milind Kale for the Respondent. CORAM : MRS. ROSHAN DALVI, J. Date : 29th October, 2010 P.C. 1. Overnight access of a child of 4 years granted by the Principal Judge, Family Court, Thane on 27th October, 2010 is challenged in this Petition. The access has been taken by the father of the child for the last 1 years. The access has been given at the residence of the father between 10 a.m. And 3 p.m. For the last 1 year. The child has been accustomed to the said access for the last 1 year. 2. Such access is required to be extended to overnight access and vacation access gradually. That has been done by the learned Judge in the impugned order. 3. The father applied for access during the Diwali Vacation. 4. The Advocate on behalf of the father states that the mother desired to take the child out of Bombay between 2nd November, 2010 to 11th November, 2010. 2 WP 8860/10 5. Consequently the entire period of the Diwali Festival would not be available to father but only available to mother for taking access to the child. The mother is the custodial parent. In view of the mother’s desire to keep the child during that period overnight access of 3 days each is given at the beginning and end of the vacation period to the father. That access would beginning at 11 a.m. tomorrow. It would end on 1st November, 2010. The further period of access would commence from 12th November, 2010 and would end at 11 a.m. On 15th November, 2010 after which the child would required to go to school on that day. 6. The overnight access is, therefore, keeping in mind the convenience of the mother. It is only the left over period of vacation that is allowed to the father for access to his child. 7. There is no cause for complaint. There is nothing erroneous in the order. No interference is required. 8. Writ Petition is dismissed. ( ROSHAN DALVI, J.)