[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL W.P.NO.4672 OF 2004 Shri.Ravi Shrichand Chowdhary ..Petitioner Vs. Mrs.Rula Ravi Chowdhary ..Respondent ... Mr.A.P.Vanarse advocate for petitioner Mr.Anil Subramaniyam and Mrs.Aditi M.Vaidya Advocate for Respondent ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JANUARY 21, 2008 DATE : JANUARY 21, 2008 DATE : JANUARY 21, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the petitioner-husband and the learned advocate for the respondent-wife. 2. Both the petitioner and respondent have one son. As of today, the son is about 12 years of age. The proceedings are pending between the parties before the Family Court at Pune. The petitioner-husband had preferred an application for the custody of the minor son who was then about 8 years old. The Family Court was of the opinion that the Court has to interview the child to [-2-] ascertain his wishes. The husband was directed to deposit Rs.5,000/- in Court towards travel expenses. The amount was deposited pursuant to the order of the Court by the husband. The wife was asked to give dates when she would be able to bring the child to the Court. This order was passed on 5.8.2003. Thereafter, the wife preferred an application for review of the order dated 5.8.2003. In the said application, she stated that child was to appear for his unit test and that she would require three days from Assam where she is residing with her child to come down to Pune by train. Hence, the entire time period to come from Assam to Pune to attend the matter, would require 8 to 10 days during which period the child will miss the school and exam. Hence, it was prayed that it was not necessary for the Court to interview the child before passing the order on custody application. In view of the said facts stated in the application, the Family Court at Pune by order dated 25.2.2004 held that interview of the minor son was not necessary and the matter relating to custody could be decided on the basis of evidence brought on record by the parties. This order has been challenged in the present petition. [-3-] 3. However, it is seen that today the child is about 12 years of age. Moreover, today the examinations of the child are not there. Looking to the changed situation, in my view, the Family Court after looking to the facts and circumstances of this case, would have to decide the question afresh as to whether it would be necessary to interview the child. Hence, order dated 25.2.2004 is set aside. The Family Court to decide the question afresh whether interview of the child is necessary. In the meantime, it is made clear that during the pendency of the proceedings before the Family Court, it is open to the petitioner to visit his son in Assam at any time. 4. Accordingly, in the changed circumstances, the Family Court at Pune to decide the question afresh as to whether the interview of the child is necessary before deciding the question of custody of the child. Petition is disposed of with above observation. [SMT.V.K.TAHILRAMANI, J.]