IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR APPEAL AGAINST ORDER NO.13/2010 Ambadas Maroti Nehare & another versus Dnyaneshwar Champatrao Waghade ============================================================ Shri M.P. Kariya, advocate for the appellant Shri G.E. Moharir, advocate for respondent ============================================================ CORAM: SMT. VASANTI A. NAIK, J. DATE: 26.4.2010 Heard the learned counsel for the parties. The appeal is admitted. Call R & P. Shri G.E. Moharir, the learned advocate waives notice of hearing on behalf of respondent. Hearing of the appeal is expedited. JUDGE CIVIL APPLICATION NO.13/2010 Heard the learned counsel for the parties. It is not in dispute that the mother of the minor child - Simran had committed suicide on 9.6.21005 and the child is staying with her maternal grand parents since that date. It is also not in dispute that an order was passed in the maintenance case filed by the mother of Simran and the respondent was directed to pay Rs.600/- to Ku. Simran. The application for custody of minor child was made on 7.11.2006. In the facts and circumstances of the case and considering the fact that the child has been staying with her maternal grand parents for a period of nearly five years i.e. since her birth, it would be necessary in the interest of justice to grant stay to the effect and operation of the judgment passed by the trial court on 28.12.2009 during the pendency of the first appeal. Further, it would be appropriate in the interest of justice to permit the respondent to meet the minor child on every Saturday at Loni, Tahsil Ralegaon, district Yavatmal where the appellants reside. The appellants should permit the respondent to meet the minor child on every Saturday in case the respondent approaches them to have a meeting with her. Civil application no.13/2010 is disposed of in the aforesaid terms. JUDGE SMP.