1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1504 OF 2010 Prakash Alumal Kalandari ..Petitioner Vs. Jahnavi Prakash Kalandari and anr. ..Respondents ......... Mr.R.Bhandari i/b.Mr.P.M.Bhandari, for petitioner. Mrs.A.A.Mane, APP for respondent State. Mr.A.K.Menon, for respondent no.1. ......... CORAM: S.J.KATHAWALLA & R.G.KETKAR, JJ. (VACATION COURT) DATE : 26 th MAY, 2010. P.C. : By this writ petition the petitioner father has sought directions against the Yerwada Police Station, Pune, for taking custody and producing his two minor children before this Court. The petitioner has also prayed that the custody/access of the minors be given to the petitioner. 2] Pursuant to the orders passed by this Court dated 7 th May, 2010, 14 th May, 2010 and 21 st May, 2010, Mr.Ghanwat, P.I. of Yerwada Police Station is present in the Court along with the two minor children. The mother of the two minors (i.e. respondent no.1) is also present in Court. The respondent no.1 has wp1504-10.sxw 2 informed the Court that both the minors are in her custody and that she undertakes to produce the said children before this Court as and when directed by this Court. She has further informed this Court that she is presently residing with the minors at the address shown in the cause title of the Vakalatnama filed by her Advocate and in the event of her changing her residential address, she shall forthwith intimate the same to this Court as well as the Advocate appearing for the petitioner in writing. The undertakings given by respondent no.1 are accepted. 3] As regards the custody/access of the said children to the petitioner, the petitioner has filed Family Court Appeal No.61 of 2010 before this Court impugning the judgment passed by the Family Court, Pune, dated 31 st March, 2009 wherein the consent terms at exhibit 71 was ordered to be treated as part of the decree. The said consent terms provided the petitioner with access to the minors. However, admittedly, the petitioner himself has obtained a stay of the said decree including the consent terms in the Family Court Appeal filed before this Court. It is submitted on behalf of the petitioner that in the said Appeal, Civil Application Nos.270 of 2009 and 133 of 2010 are filed by him seeking access to the minors and said Civil Applications are pending before this Court. wp1504-10.sxw 3 4] In view of the above, Civil Application Nos.270 of 2009 and 133 of 2010 along with all the pending Civil Applications be placed for hearing before the regular Court on 7 th June, 2010. 5] The above Writ Petition is, accordingly, disposed of. [R.G. KETKAR, J.] [S.J.KATHAWALLA,J.] wp1504-10.sxw