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 CIVIL CIVIL CIVIL APPLICATION NO. 105 OF 2008 APPLICATION NO. 105 OF 2008 APPLICATION NO. 105 OF 2008 IN IN IN CIVIL CIVIL CIVIL REVISION APPLICATION NO.455 OF 2000 REVISION APPLICATION NO.455 OF 2000 REVISION APPLICATION NO.455 OF 2000 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs.Sushma Singh for the Applicant. Mr.C.U.Singh, Sr.Advocate with Mr.Sanjay Udeshi for the Respondent. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 29th April, 2008 : 29th April, 2008 : 29th April, 2008 P.C. P.C. P.C. . In a dispute of the matter, present Application is moved by the Applicant and made following prayer:- "a) The Respondent is directed and ordered to bring the child Mr.Wilbur Menezes to Mumbai so that he can be medically examined by Dr.Jehanbux Ardeshir ( 2 ) Chichga, Motabhoy Mansion, 130, Maharshi Karve Road, Next to Eros Cinema, Mumbai alongwith his passport only for identification". 2. Admittedly, the custody of the minor Mr.Warren Menezes is with the mother pursuant to the order dated 15/12/2000. Admittedly, no such application for immigration filed by the mother and or the minor. This application is filed by the father i.e. the Applicant. The other two sons are major. Admittedly, through the mediator and even otherwise the applicant persuaded the minor and her mother to give consent for medical examination as required but the said effort failed. Therefore, the present Civil Application. ( 3 ) 3. In the above background itself, the present application at the instance of the applicant could not maintainable and cannot be entertained. The Court cannot compel the minor as well as the mother to submit the minor for medical examination merely because the Applicant moved this application. The present application is therefore, frivolous and rejected. 4. However, it is made clear that the mother and or minor if desire and wants to apply, they are free to submit the application. 5. The Civil Application is, therefore, dismissed with costs. [ANOOP [ANOOP [ANOOP V. MOHTA, J.] V. MOHTA, J.] V. MOHTA, J.]