1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL WRIT PETITION NO.: 279 OF 2010 *** Bebibai W/o Vishnu Rathod Versus The State of Maharashtra and others *** Mr. Joydeep Chatterji, Advocate holding for Mr. Abhay R. Rathod, Advocate for the Petitioner. Mr. V. D. Godbharle, A.P.P. for the Respondent/ State. Mr. S. G. Dargad, Advocate for the Respondent Nos.4 to 10. *** 1. We have heard learned counsel for the parties. In view of the earlier order, learned A.P.P. Mr. Godbharle informs the Court that Respondent Nos.4, 5 and 7 have been served with the bailable warrants. Respondent No.4 Mr. Vishnu Shankar Rathod and Respondent No.7 Yashodabai Shankar Rathod are present before the Court. Mr. Godbharle presented copy of the communication received by him from the Police Sub Inspector, Police Station Aundha Nagnath, district Hingoli. It 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. is marked by letter "X" for identification and taken on record. Copy is served to Mr. Chatterjee who is appearing for the Petitioner. Mr. Godbharle, learned A.P.P. points out from this compilation that bailable warrant of Respondent No.5 Mr. Shankar Dajiba Rathod has been served to him, however, Respondent No.5 Shankar is handicapped. According to Police Inspector, Respondent No.5 is not able to stand or walk, in view of physical impairment. Doubt has been expressed by the Police Officer regarding presence of Respondent No.5. Factually, Respondent NO.5 is not present before this Court. Impairment of Respondent No.5 is not seriously disputed by the counsel appearing for the Petitioner also. In this view of the matter, we treat the execution of bailable warrant to Respondent No.5. Now we proceed to cancel the said warrant in view of the report of the Police Sub Inspector. 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 2. On behalf of Respondents, Advocate Mr. Dargad has filed affidavit in reply sworn in by Respondent NO.4 Mr. Vishnu Shankar Rathod. This affidavit in reply is filed on behalf of Respondent Nos.4 to 10. Indisputably, Respondent No.4 is husband of the Petitioner and son of Respondent Nos.5 and 7. Along with Rspondent No.4 and 7, three small girls viz. Payal, Sheetal and Komal are also present before the Court. 3. We are aware of the fact that we are not deciding entitlement of custody of Petitioner or Respondents or the Respondent No.4. Considering the grievance of the Petitioner/ mother, this Court has passed interim order issuing bailable warrants and causing presence of three girls viz. Payal, Sheetal and Komal. We have noticed that amongst these three girls Komal is around 10 months old. petitioner is also present in the Court. We have permitted the Petitioner/ 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. mother to meet her daughters viz. Payal, Sheetal and Komal. 4. Affidavit in reply, presented on behalf of Respondent Nos.4 to 10 is marked by letter "Y" for identification and taken on record. Copy is served to learned counsel Mr. Joydeep Chatterji. In para 11 of the affidavit in reply, statement is made that the Respondent Nos.4, 5 and 7 are taking every care of minor daughters. A fair statement is made in this para 11 that youngest daughter Kimal, who is around 10 months old, being a sucking child, readiness is shown to hand over custody of the said sucking child Komal to the Petitioner. We accept the statement made in para 11 that Respondent Nos.4, 5 and 7 are ready to hand over custody of Komal, to the Petitioner. 5. Respondent Nos. 4 and 7 have handed over custody of Komal to the Petitioner. Mr. Chatterji, learned counsel, on instructions 5 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. from the Petitioner, makes a statement that the petitioner has received the custody of Komal. Statement made by learned counsel Mr. Chatterji. on instructions, is accepted and taken on record. 6. Both learned counsel pointed out to us ensuing summer vacations to civil Courts. Counsel for the Petitioner submits that access to two girls who are with the Respondent Nos.4 and 7 be granted to the Petitioner/ mother. We have heard learned counsel for the Respondent Nos.4, 5 and 7. In our view, access can be granted to both of them, meaning thereby that the Petitioner/ mother can meet her two daughters Sheetal and Payal and Respondent No.4 Vishnu/ father can meet his daughter Komal, whose custody has been received by the Petitioner/ mother today. Such meeting shall be in the campus of learned J.M.F.C., Aundha Nagnath, district Hingoli. 6 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 7. Learned Judicial Magistrate, First Class/ REgistrar/ Superintendent/ Assistant Superintendent shall make necessary arrangement of meeting of the petitioner and Respondent No.4 to their children once in a week, preferably every Monday from 1st June, 2010 till 21st of June, 2010. This meeting shall be preferably during 01.00 p.m. to 04.00 p.m. in the presence of the Court official deputed by the learned J.M.F.C., Aundha Nagnath. 8. Both the learned counsel submitted that liberty may be granted to the parties to seek appropriate relief in accordance with the provisions of law before appropriate forum. We see no impediment. 9. Liberty in favour of the parties to seek appropriate remedies by filing proceeding before the appropriate Court, if they are advised to do so. Filing of this writ petition shall not be the impediment. 7 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. However, issue of custody of daughter Komal, about 10 months old, shall stand concluded by this order. 10. In this view of the matter, writ petition stands disposed of in above terms. No costs. 11. In view of final disposal of the writ petition itself, criminal application No.1663 of 2010 also stands disposed of. No costs. 12. Authentic copy of this order is permitted to the requesting parties. [S. S. SHINDE, J.] [S.B.DESHMUKH, J.] Dated:04/05/2010. ans/279