1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION WRIT PETITION NO. 10823 OF 2009 Chitra Vasant Shirsat ...Petitioner Vs. Balchandra Dattaram Korgaonkar ...Respondent Mr.A.M.Vernekar, Advocate for the Petitioner Mr.Rahul Nerlekar,Advocate for the Respondent CORAM: SMT. ROSHAN DALVI, J. DATED : 4TH JANUARY 2010 P.C. 1.The Petitioner challenges the order of access dated 19 th November 2009 passed by the 7 th Family Court, Mumbai. The order is the most usual order of access given to the father of a child of 3 years. The order grants alternate weekends, ½ vacations and the right to collect and return the child. There is absolutely nothing out of the ordinary in the order. In every case where the unfortunate child does not get access to his parents together for the entire length of his life he must make do with one of them. The order shows the least damage that could be caused to the child. 2 2.In this case the earlier access was given to the father first for 24 hours between Friday and Saturday. This has been changed to access twice a month for 48 hours. The change is clearly in the interest of the child. 3.The vacation access is for 50% of the Summer, Diwali and Christmas vacations. I find nothing erroneous in that order. 4.However, the vacation access that is given is as follows:- access shall not be in continuation, they shall take the access in alternate week without affecting other activities of the child . 5.Only this part of the order requires a slight modification. The vacations can be equally divided between the parents only once. This would enable the child to be more comfortable with each parent. This would also enable each parent to have greater flexibility for planning holidays or any other activities for the child. Consequently only the latter portion of clause 2 of the order shall be modified as follows:- 3 The husband shall have access for the first 50% of the summer vacation . 6.The husband is required to collect the child from the residence of the wife and return the child back at her residence. The wife or her father shall remain present at the gate of the house to take delivery at 6 p.m when the child has to be returned. The husband shall hand over the child to his mother or his grandfather at the gate, and failing which at the doorstep of the flat of the mother. 7.The Writ Petition is disposed off accordingly. (SMT.ROSHAN DALVI, J.)