1 IN THE PARSI CHIEF MATRIMONIAL COURT AT BOMBAY O. O. C. J. NOTICE OF MOTION NO.7 OF 2009 IN PARSI SUIT NO.33 OF 2008 WITH NOTICE OF MOTION NO. OF 2009 Benroze Neville Pithawalla ..Plaintiff. Vs. Veville Mehernosh Pithawalla ..Defendant. .... Ms Armaity S. Khushrushahi for the Plaintiff. Ms Zubin D. Sahukar for the Defendant. .... CORAM : DR. D.Y. CHANDRACHUD, J. 10th August, 2009. P.C. : After the Notice of Motion has been heard, the learned counsel appearing on behalf of the respective parties have requested the Court to pass the following order by consent of the parties both of whom are personally present in the Court : i) The Defendant shall pay to the Plaintiff an amount quantified at Rs. 7,500/- per month for the expenses of the minor child Zia commencing from the month of May 2009. The arrears for the 2 months of May, June and July 2009 shall be paid within a period of one month from today. The payment for the month of August 2009 shall be made on or before 14th August, 2009 and for each successive month shall be made on or before the seventh day of each month; ii) The Defendant has agreed to return the passport and the personal belongings of the Plaintiff and the minor child to the Plaintiff within a period of one week from today. To facilitate the implementation of this agreement the items which are agreed to be returned shall be handed over to the learned advocate for the Defendant who shall in turn handover the same to the learned advocate appearing on behalf of the Plaintiff; iii)The Plaintiff has stated before the Court that she has no intention to permanently settle abroad and should she desire to do so, the prior permission of the Court shall be taken. The undertaking of the Plaintiff in the aforesaid terms is accepted; iv)The Defendant would be entitled to access to the minor child between 12.00 noon and 9 p.m. on every Saturday. Since parties 3 live in the vicinity, it has also been agreed that should the Defendant wish to speak to the child when the child is playing in the compound of the premises, the Plaintiff would not have objection whatsoever subject to the child being taken home at a reasonable hour, by 8.30 p.m. v) During the ensuing Diwali Vacation the parties have agreed that the child would spent half the Vacation of two weeks, comprising a total period of one week with the Defendant. The Defendant would be at liberty to take the child out of Mumbai during this period of one week. In the event that the Defendant and the child are in Mumbai, the Defendant would be at liberty to keep the child with him for a period of four days. For the remaining period of three days the child shall be with the Defendant between 9.00 a.m. until 9.00 p.m. In view of the aforesaid agreement that has been arrived at between the parties both the Motions are disposed of since no other point is pressed. ***** 4