1 WP.3439/2010 mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION WRIT PETITION NO.3439 OF 2010 Sagina Papamiya Sayyed ...Petitioner Vs. Amir Faizalam Sayyed ...Respondent Mr. Milind Deshmukh, Advocate for Petitioner Mr. A.R. Kapadnis for Respondent CORAM : SMT. ROSHAN DALVI, J. DATED : 27TH SEPTEMBER, 2010 P.C. : 1. Rule, made returnable forthwith. 2. The Petition relates to the access of the child by the father. The father applied inter alia for access. He has been granted access on every Sunday from 10 a.m. to 5 p.m at village Lonand. He has been taking such access. There is no access applied for, or granted during the school vacations. 3. The child has school every Monday to Saturday. The father is given access to the child on every Sunday. It, therefore, means that the mother has no non-working school day to be with the child. It also shows that the mother 2 WP.3439/2010 has to care for the child in respect of his school studies and his school attendance on every single week day and the father enjoys the child on every single Sunday, which is the only non-working day for the child. However the mother would have access to the child during vacations, which the father does not insist upon and which has not been granted. Hence the order of access is reasonable and proper. 4. The simplicitor case of the mother that it effects the child cannot be accepted. Consequently, there can be no modification in the order of access since the father does not insist upon access during the school vacation. 5. Hence Rule is discharged. (SMT. ROSHAN DALVI, J.)