: 1 : nmt-6-11.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO.6 OF 2011 IN PARSI SUIT NO. 6 OF 2009 Mr. Zubin F. Homavazir .. Plaintiff no.1 And Mrs. Hufrish Z. Homavazir .. Plaintiff no.2 ......... Ms. T.F. .Irani for the plaintiff no.1 in support of NMS Ms. Hutoxi Tavadia i/b H.V. Kode for the defendant ......... CORAM : R.Y.GANOO, J. DATE : 22nd MARCH, 2011 P.C. : 1. Learned Counsel Ms. Irani undertakes to file Vakalatnama within 15 days from today. Plaintiff no.2 has filed affidavit regarding no objection for grant of relief in terms of this motion. Affidavit is taken on record. Heard learned Counsel on both sides. Though it is not specifically stated in the prayer clause that plaintiff no.1 wants to take the minor son, Sarosh out of India, in the affidavit in support of the motion, there is specific mention about plaintiff no.1 wanting to take minor son out of India. After having gone through the same, I am : 2 : nmt-6-11.sxw inclined to allow the motion. The plaintiff no.2 has also recorded no objection. Hence, following order is passed to dispose of the notice of motion. ORDER (i) Plaintiff no.1 shall have access to son Sarosh from 29th April, 2011 to 23rd May, 2011. (ii) Mother of plaintiff no.1 is authorized to collect Sarosh from plaintiff no.2 on 29th April, 2011 and will return to plaintiff no.2 on 23rd May, 2011. (iii) Plaintiff no.1 is permitted to take the child out of India as set out in affidavit in support of this motion. Plaintiff no.2 shall hand over the passport of Sarosh to mother of plaintiff no.1. (iv) Plaintiff no.2 to co-operate in the matter of getting VISA. Passport should be handed over within 3 days from today. Passport will be returned to plaintiff no.2 on 23rd May, 2011 along with the child. There shall be no order as to costs. (R.Y.GANOO, J.)