((-1-)) ms t IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.118 OF 2008 IN FAMILY COURT APPEAL NO.107 OF 2007 Sanjiv Parmanand Bosamia Applicant versus Neeta Sanjiv Bosamia Respondent WITH CIVIL APPLICATION NO.119 OF 2008 IN FAMILY COURT APPEAL NO.107 OF 2007 Sanjiv Parmanand Bosamia Applicant versus Neeta Sanjiv Bosamia Respondent WITH CIVIL APPLICATION NO.163 OF 2007 IN FAMILY COURT APPEAL NO.107 OF 2007 Sanjiv Parmanand Bosamia Applicant versus Neeta Sanjiv Bosamia Respondent Ms.Seema Sarnaik for applicant. Mrs.Sheela Balsari for respondent. CORAM : SMT.RANJANA DESAI AND SMT.R.P.SONDURBALDOTA, JJ. DATE : 05th May 2008 PC : 1. This application is filed by the applicant/appellant-father. The respondent is the mother. In this application it is prayed ((-2-)) that the respondent-mother be directed to comply with the order dated 25th May 2007 passed by the Family Court, Pune in Petition D.No.139 of 2007. 2. By the order dated 25th May 2007 the Family Court, Pune has directed the respondent-mother to give access of Master Archit to the appellant-father for a period of one month in Diwali as well as Summer vacation till Archit attains majority. 3. We have heard learned counsel for the appellant. She submitted that the respondent-mother is not abiding by the impugned order. Counsel for the respondent-mother submitted that Archit does not want to go to his father. 4. In our opinion, the appellant being the father, he cannot be denied access to Archit. We appreciate the submission made by the counsel for the respondent-mother that Master Archit being in 9th standard, he has to attend the classes in the vacation also. We do not want to disturb his studies but at the same time, we would like to ensure that the ((-3-)) appellant-father should also get company of his son. 5. In the circumstances, during the ensuing Summer Vacation of 2008, the appellant- father will be at liberty to take Master Archit from respondent-mother’s house at Kandivali on every Friday in the evening by 8.00 p.m.. He shall bring back Archit to respondent-mother’s residence on Sunday night by 10.00 p.m.. The appellant is present in the Court. He undertakes to bring back Archit to the mother’s house by 10.00 p.m. on every Sunday. We have accepted this undertaking. We make it clear that this order will supersede the order passed by the Trial Court dated 25th May 2007. 6. We are informed that the school reopens on 10th June 2008. We post this matter for further appropriate orders on 3rd July 2008. After the vacation ends, until 3rd July 2008, the appellant-father will be at liberty to meet Archit at appellant’s mother’s house on every Saturday evening and take Archit out from 6.00 to 8.00 p.m.. We are informed that 2nd July 2008 is the birth day of appellant-father. On 2nd July 2008 the appellant can meet Archit in ((-4-)) the evening at 6.00p.m. and take him out and bring back to the mother’s house by 9.00 p.m.. 7. Civil Application disposed of accordingly. All the concerned to act on an ordinary copy of this order duly authenticated by registry of this Court. JUDGE JUDGE ((-5-)) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.107 OF 2007 Sanjiv Parmanand Bosamia Applicant versus Neeta Sanjiv Bosamia Respondent Ms.Seema Sarnaik for applicant. Mrs.Sheela Balsari for respondent. CORAM : SMT.RANJANA DESAI AND SMT.R.P.SONDURBALDOTA, JJ. DATE : 05th May 2008 PC : 1. Stand over to 11th June 2008. JUDGE JUDGE