:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3460 OF 2007 Mr.Amar Sham Waghmare .. Petitioner. Vs. Mrs.Sunita Amar Waghmare .. Respondent. Mr.N.V.Sharma for the petitioner. Ms.P.P.Tendulkar appointed for the respondent. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 5TH MARCH, 2008. DATED : 5TH MARCH, 2008. DATED : 5TH MARCH, 2008. P.C.: P.C.: P.C.: . Heard learned counsel for the parties. 2. This petition is directed against the following order passed by the family court on an application at Exhibit-21 in petition No.A-414 of 2006: "Application is allowed as under: Respondent’s prayer is allowed. . Petitioner is directed to give access to the respondent from 30th April, 2007 to 21st May, 2007. Petitioner will handover the children to the respondent on Monday on 30.4.07 in Counsellor’s presence at 11.00 a.m. and will be handed over to the Petitioner in Counsellor’s presence on 21.5.2007 at 4.00 p.m." 3. During pendency of this writ petition the parties had agreed for the arrangement, as recorded by the court in the order dated 3rd May, 2007, which reads thus: :2: :2: :2: "2. By consent, parties have arrived at an interim arrangement without prejudice to their rights and contentions. The said arrangement is as under: (i) The Petitioner will take the minor daughters to the Court of the Additional District Judge at Pandharpur on 10th May, 2007 at 12.00 noon. He will remain present with the minor daughters in the office of the Superintendent/Registrar of the Court of the learned Additional District Judge. (ii) The Respondent will take temporary custody of the minor children at that time. On 17th May, 2007 the Respondent will bring back minor children to the office of the Superintendent/Registrar of the Court of the Additional District Judge at Pandharpur at 12.00 noon and will handover the custody of the minor children to the Petitioner." 4. Today learned counsel for the parties have agreed for disposing of this writ petition by the following order: (a) The wife shall have a right of temporary custody of the daughters during Diwali and May vacations for a period of 7 days and 15 days respectively. The period of custody shall start from the date on which the wife takes daughters in her custody at Bombay. The wife shall bring the daughters back to Bombay and hand them over to the husband on 8th and 16th day as the case may be. The husband shall bear the travelling expenses of the wife and her daughters from Pandharpur to Bombay on every occasion, which the husband shall pay by cheque :3: :3: :3: to the wife when she would handover custody of the daughters to the husband. (b) It is open for the wife to meet her daughters every month either on 1st or 3rd Saturday and Sunday. During her visit to Bombay to meet her daughters on Saturday and Sunday as aforementioned she shall have right to take the daughters overnight and shall reach them again at the residence of the husband before 7.30 p.m. on Sunday. It is open for the parties to change the days fixed by this order by mutual agreement. This arrangement shall continue till disposal of the petition filed by the husband for divorce and/or till the disposal of the application filed by the wife for the custody of the children, whichever is later, subject to final orders that will be passed by the court below in these proceedings. . With these observations the writ petition is disposed of. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)