1 WP-7590-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION WRIT PETITION NO.7590 OF 2011 Nachiketa Pramod Tiwari ..Petitioner Vs Ms.Rachana Pyarelal Tiwari ..Respondent -- Ms.K.A.Bhatia, for petitioner. Ms.Seema Sarnaik, for respondent. -- CORAM : R.G.KETKAR, J. DATE : 5 th OCTOBER, 2011 P.C.: Heard Ms.K.A.Bhatia, learned counsel for the petitioner and Ms.Seema Narnaik, learned counsel for the respondent. 2] By this petition, the Ex-husband has challenged the judgment and order dated 20 th July, 2011 passed by the learned Judge, Family Court, Mumbai on application below exhibit 20 in Petition No.D-67 of 2010. By that order, the Family Court rejected the application made 2 WP-7590-11.sxw by the petitioner for giving access of minor son Aryamaan during the vacation from 3 rd June, 2011 to 31 st July, 2011. The petitioner also sought direction against the respondent to hand over the passport of the minor son Aryamaan to him so as to facilitate his travel to South- East Asia from 3 rd June, 2011 to 31 st July, 2011. It is not in dispute that the prayer made in the application 20, by passage of time, became infructuous. Ms.Sarnaik, learned counsel for the respondent states that as per order dated 4 th May, 2011 and, in particular, paragraph 6 thereof, the respondent is complying with the order by giving access of minor son Aryamaan to the petitioner – father in children’s complex of Family Court, Bandra, Mumbai. She continues to comply with the direction contained in paragraph 6 of the said order to the effect that the petitioner-father is being given access of Aryamaan in the children’s complex of Family Court, Bandra on the the days specified in the order. 3] Ms.Bhatia further states that since the application at exhibit 20, by passage of time, became infructuous, the petitioner may be given liberty to take out a fresh application seeking access of minor son Aryamaan during vacations. 3 WP-7590-11.sxw 4] I find that the request made by the learned counsel for the petitioner is reasonable. The petition is disposed of with liberty to the petitioner to take out fresh application seeking access of minor son Aryamaan during vacations. If such application is made, learned Judge of the Family Court shall consider and dispose of the same at the earliest. With these observations, petition is disposed of. [R.G.KETKAR, J.]