1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.873 OF 2010 Dr.Sangita Prashant Patil ..Petitioner V/s Dr.Prashant Shriniwas Patil ..Respondent ......... Mr. D.V. Soman, advocate for the petitioner. Miss.S.P. Mahajan holding for Mr.K.U. Nikam, advocate for the respondent. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 23rd June, 2010. PER COURT : 1. By this Petition, the petitioner challenges the order dated 17.12.2009 passed by the Family Court, Aurangabad on interim application (Exhibit-19) in Matrimonial Petition no.A-222/2009. 2. It is not necessary to elaborately set out rival contentions. Suffice it to say that the petitioner is mother of child by name Rohan, aged about 10/11 years and the respondent is his father. The spouses are at logger heads. They are incompatible. The respondent-father has filed divorce Petition on various grounds. It is undisputed that the child is residing with the father 2 i.e. respondent. The petitioner sought custody of the child. In the meanwhile, by way of interim order dated 19th August, 2009, the Principal Judge, Family Court directed that the petitioner may be granted access to minor child in hotel premises between 7 p.m. to 9 p.m. on one Saturday and on the next Saturday at residence of the petitioner. 3. The counsel for the petitioner submits that he does not wish to press request for custody of child at present. He would further submit that the petitioner would be presently satisfied, if the time of visitation and company of the child is temporarily protected by enhancing hours of visit and for such purpose, instead of two hours the child may be allowed to be in her company for five hours. 4. Miss.S.P. Mahajan, learned counsel for the respondent opposed the request on the ground that child had expressed his unwillingness to be in company of the petitioner (mother) when he was interviewed by the learned Judge, Family Court. She would contend that it is not in the interest of the child that such interview with the mother should be allowed and that the child is likely to be rather depressed due to such kind of forced temporary custody of few hours in favour of the mother. I find it difficult to countenance the said contention. A reference is made to 3 " Anjali Kapoor V/s Rajiv Baijal {2010(1) Mh.L.J. 2}." The authority deals with the question of custody of child under Section 17 of the Guardians and Wards Act, 1890. Herein, no final order is sought and the request for interim custody is given up by the learned counsel for petitioner. The only request made by him is to enhance the period of temporary custody or visitation hours. 5. In my opinion, the visitation facility of only two hours is quite inadequate. The mother is entitled to have better interaction with the child being natural mother and that mere contaminated version of the child and his sole wishes which could be expressed due to extraneous reasons may not deprive the mother to have temporary access to the child. The request of the petitioner for five hours interview with the child and such temporary visitation, is, by no stretch of imagination unreasonable. I am of the opinion that the petitioner is entitled to such kind of access and that it should not be arranged in any hotel or a place where the members of public are likely to throng. 6. Under these circumstances, the following order would meet the ends of justice. [I] The petitioner shall have five (5) hours access to 4 the child-Rohan on each Sunday between 11.00 a.m. to 4 p.m. at any appropriate place in the premises of the Court of Chief Judicial Magistrate, Aurangabad where a secluded place in the office of Legal Services Authority or any other place/room is available and since it is non- working day, the mother will get better opportunity to live with the child. [II] The learned Chief Judicial Magistrate shall make arrangement for supervision of custody during the above hours by authorising a proper person (staff member) to look after the place and during such hours, the respondent may not be allowed to go into the premises and the petitioner be allowed to get full opportunity to interview the child, talk with the child and be in his company. [III] The food arrangement shall be made by the petitioner during the relevant hours and that the attendance shall be noted by the person authorised by the Chief Judicial Magistrate, Aurangabad. [IV] The respondent shall reach the child on each 5 Sunday in the premises of the District Court at 11.00 a.m. and take back the child at 4 p.m. after the visiting hours. [V] The parties may have liberty to agitate all the points at the time of final hearing including the question of custody of the child. 7. With these directions, the Petition is disposed of. 8. The parties to act upon a copy of this order, duly authenticated by the Court Sheristedar. (V.R.KINGAONKAR) JUDGE gas/wp873.10