: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FARAD CONTINUATION SHEET CIVIL APPLICATION NO.281 OF 2009 ----------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s Orders. of Coram, appearance, Court’s orders or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------- Mr. Mateen Shaikh for the applicant Mr. S.M. Gorwadkar for respondent no.1 CORAM : D. B. BHOSALE & R.Y.GANOO, JJ. FEBRUARY, 1st 2010. P.C. : Heard learned Counsel for the parties. We have perused the civil application and the reply affidavit filed by the respondent-father. It appears that the custody of the child is given to the father on the ground that the applicant-mother stay with her brother who has criminal background. When we interviewed the parties, we were informed that the applicant does not stay with her brother, and she alongwith her child and parents stay separately. The respondent could not and did not dispute her statement. Keeping that in view and having considered that the child is with the mother right from beginning, pending hearing and final disposal of this appeal, we are not inclined to transfer the custody of the child to the father as per the impugned order. Hence, this Civil : 2 : Application is made absolute in terms of prayer clause (a). In so far as access is concerned, the order passed by the Family Court shall remain operative until further orders. [R.Y.GANOO, J.] [D.B. BHOSALE, J.]