vss 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 JURISDICTION WRIT PETITION NO.7280 OF 2008 WRIT PETITION NO.7280 OF 2008 WRIT PETITION NO.7280 OF 2008 Pradeep T. Datwani ... Petitioner V/s. Mansi P. Datwani ... Respondent Mr.Vinod Shah for Petitioner Ms.Amarjeet Kaur for Respondent CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J MHATRE, J MHATRE, J. DATED: OCTOBER 24, 2008 OCTOBER 24, 2008 OCTOBER 24, 2008 P.C.: P.C.: P.C.: . The petitioner has challenged the order passed on 17.10.2008 by contending that he should be given custodial access of his daughter, for a couple of days during Diwali when the pooja is to be performed in his house. On 17.10.2008, an application filed by him was dismissed by the Family Court in view of the conduct of the petitioner and the reports of the marriage counsellors. Again on 22.10.2008, the petitioner moved the Family Court seeking custodial access for four hours on Diwali day. This application has also been dismissed by the Principal Judge. The application filed at Exhibit 51 before the Family Court and the order thereon has not been challenged in this petition. 2. However, considering the fact that this Court by : 2 : its order on 9.7.2008 has directed that the access should be given in the Family Court’s children’s complex when a constable is directed to be present, in my view, it would not be proper to give the petitioner custodial access for even a limited period as of now. The behaviour of the petitioner, as recorded in the reports submitted to the Family Court by the marriage counsellors, leaves much to be desired and in such circumstances in my view, it would be inappropriate to give custodial access of his daughter to the petitioner at this point of time. 3. Petition rejected.