1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 77 OF 2010 WITH CIVIL APPLICATION NO. 84 OF 2011 AND CIVIL APPLICATION NO. 203 OF 2010 Dr. Anagha Anil Athavale ..Appellant. Vs. Yogesh Shashikumar Savadekar ..Respondent. ----- Dr. Anagha Athavale, Appellant present in person. Mr. Nitin Pradhan a/w Mr. V.P. Sawant i/b Ms. V.S. Mhaispurkar, for Respondent. Respondent in person present in court. ---- CORAM: D.B. BHOSALE & M.L. TAHALIYANI, JJ. DATED: AUGUST 30, 2011. P.C.: Heard the appellant-wife in person and Mr.Pradhan, learned counsel for the respondent-husband. 2. This appeal is directed against the judgment and order dated 3rd April, 2010 passed by the Family Court in Civil Misc. Application No. 51 of 2009 whereby the appellant’s application at Exhibit-39 seeking 2 modification of the decree, has been dismissed. In the application at Exhibit-39, the appellant-wife had prayed for increasing visiting hours and overnight access to her son-Dhruv on every Saturday and Sunday of the month. She had further prayed for direction to the School authorities allowing her to attend parent’s teacher’s meetings, concert, extra-curricular activities and sports etc. She had also prayed for allowing her to talk with the child on telephone. 3. We have heard the appellant-wife in person and learned counsel for the respondent-husband for sometime and they have mutually agreed for disposal of the appeal by the following order: (a) The appellant-wife will be entitled to have access to the son – Dhruv on 1st and 3rd Sunday’s of every month between 9 am and 6 pm. The respondent-husband shall drop Dhruv at the appellant’s residence at 9 am and will collect him at 6 pm. (b) On 5th Saturday’s of the months, the respondent-husband shall drop the child-Dhruv at the appellant’s residence at about 5-6 pm and shall collect him on Sundays at 7 pm. (c) It is open to the appellant-wife to attend parent’s- teacher’s meetings in the school of Dhruv. 3 (d) Before we part, without issuing any direction as such to the parties, we are allowing them to talk with the child-Dhruv on telephone/Mobile phone between 8 and 9 pm, without disturbing his schedule. (e) Both parties state that they shall not inflict corporal punishment to the child-Dhruv. Their statement, as requested by them, is recorded and accepted. (f) Insofar as the other terms and conditions in the consent order/decree dated 20.4.2005 and more particularly paragraph (c) thereof are concerned, the same shall remain unaltered. In other words the consent order/decree dated 20.4.2005, is modified only to the extent as indicated above. 3. The appeal stands disposed of in the aforesaid terms. No costs. 4. The decree be drawn accordingly. 5. Consequently, the civil applications also stand disposed of. (M.L. TAHALIYANI, J.) ( D.B. BHOSALE, J.) 4