ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.4806 OF 2008 PETITION NO.4806 OF 2008 PETITION NO.4806 OF 2008 ALONG ALONG ALONG WITH WITH WITH WRIT WRIT WRIT PETITION NO.4816 OF 2008. PETITION NO.4816 OF 2008. PETITION NO.4816 OF 2008. Mansi P.Datwani ...Petitioner Vs. Pradeep Tikamdas Datwani ...Respondent. Mr.G.S.Godbole with Mr.R.M.Haridas for the Petitioner. Smt. Maya Idnani for the Respondent. CORAM CORAM CORAM : R.V.MORE, J. : R.V.MORE, J. : R.V.MORE, J. DATED DATED DATED : 9th July, 2008 : 9th July, 2008 : 9th July, 2008. P.C. P.C. P.C. . Heard Mr.Godbole, the learned counsel appearing for the Petitioner and Mrs.Idnani, the learned counsel appearing for the Respondent. 2. The Petitioner is wife and Respondent is the Husband. The marriage between the Petitioner and the Respondent was solemnized on 18/06/1999 and daughter Avantika was born out of this wedlock on 24/04/2004. The Respondent husband filed proceedings being A-1059/2005 for restitution of conjugal rights against the Petitioner wife. The Petitioner wife also filed ( 2 ) proceedings being A-1429/2005 for divorce and maintenance on 19/03/2008. The proceeding filed by the Petitioner is decreed ex-parte and decree for divorce was granted and towards maintenance an amount of Rs.2,5000/- p.m. was granted to the daughter Avantika. In view of this decision, the Respondent husband’s petition being No.A-1059/2005 came to be dismissed. 3. The Respondent husband, thereafter, filed a proceeding being 106/2008 for setting aside the dismissal of his Petition taken out for the Restitution of Conjugal Rights. He also filed a separate proceeding being 110/2008 for setting aside the decree of divorce obtained by the Petitioner wife. Both the proceedings are pending before the family court. 4. The Respondent husband thereafter filed a proceedings being No.B-75 of 2008 on 16/04/2008 for injunction and/or for custody/access of minor child Avantika. This application is also pending before the family Court. The Respondent husband also took out the interim Application No.141 of 2008 for interim access. By an order dated 5th June, 2008, the ( 3 ) Principal Judge of the Family Court after hearing both the sides gave the Respondent husband access to minor child on every Tuesday between 4.00 to 5.30 p.m. in the Children park of Family Court, subject to Respondents depositing an amount of Rs.1 lacs within a period of 15 days and further depositing an amount of Rs.10,000/- p.m. towards child expenses. The Respondent husband, thereafter, filed two separate applications in Petition B-75/2008 namely Application Exhibit 18-A and Exhibit 20. Exhibit 18-A is taken out for modification of condition deposit of Rs.1 lacs and Exhibit 20 was taken for modification regarding the access to minor child Avantika. 5. The Family Court disposed of the application at Exhibit 18-A by allowing Respondent husband to deposit an amount of Rs.25,000/- instead of Rs.1 lacs. 6. So far as the Application at Exhibit 20 is concerned, the Family Court changed the period of access from Tuesday to Thursday. Both the orders passed below Exhibit 18-A and 20 are the subject matter of the above petitions. 7. I have heard the learned counsel appearing for the ( 4 ) respective parties for some time. Ms.Idnani, the learned counsel appearing for the Respondent husband states that the Respondent is ready to deposit an amount of Rs.75,000/-. Over and above, an amount of Rs.25,000/- which was already deposited in pursuance of the order passed below Exhibit 18A. So far as the period of access is concerned, the parties are not at serious dispute and Petitioner accept the impugned interim order, if same is made subject to final out come of proceeding B-75/2008. In view of the above, I dispose of the petition by passing following order. O R D E R R D E R R D E R 1. The Respondent shall deposit an amount of Rs.75,000/- within a period of one month from today, in the Family Court. Needless to mention that Respondent is as liberty to withdraw the same without furnishing any security. 2. The Respondent, shall deposit an amount Rs.10,000/- per month in the Family Court towards expenses of Avantika w.e.f. 1st August, 2008. ( 5 ) 3. In the event of Respondent’s failure to deposit an amount Rs.75,000/- within a period of one month, or failure to deposit Rs.10,000/- p.m. the next access shall be held in abeyance. 4. The access of minor daughter Avantika shall continue as per the Family Court order dated 17th June, 2008 in Family Court Children Complex in the Court premises. Prior to the stipulated access time, the Petitioner to hand over the minor Child to the Marriage Counsellor in the Family Court Children Complex and she shall receive custody back from the Marriage Counsellor after the access time is over. 5. As per the order dated 5th July, 2008 passed by the Family Court, the constable shall remain present in the Children Complex of the the Family Court during the access and till the child is handed over back to the Petitioner wife. ( 6 ) 6. The order of the access will be subject to the further order which may be passed in the B-75/2008. This order should not be continued as a stay to the decree obtained by the Petitioner. It is further clarified that the the Family Court will decide the Respondent’s Application B-75/2008 independently on its own merit and without being influenced by the observations made in this order. ( R. V. MORE, J.) R. V. MORE, J.) R. V. MORE, J.)