* 1 * IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 61 OF 2010 IN FAMILY COURT APPEAL NO. 188 OF 2009 IN PETITION NO. A-2051 OF 2007 Mr. Dayanand Bhagwat Kharbade .......Applicant V/S. Vaishali Dayanand Kharbade ........Respondent ---------- Ms. Smita Baddar with Ms. Devyani Shah i/by. Mr. Mayur Narendra & Co., adv.for the applicant. Mr. Gopal R. Hegde, adv.for the respondent. CORAM :- A.P. DESHPANDE, & SMT. R.P. SONDURBALDOTA, JJ. DATED :- 23rd APRIL, 2010. P.C. :- 1. By this Civil Application, the applicant-father is seeking access to the child by name Kumar Mayank aged about 3 years, once a week. The applicant proposes to pick up the child from the residence of the respondent and take him to his own residence, which is at a nearby place, * 2 * so that the child can stay in the company of the applicant father and grand-parents as well. The applicant proposes to pick up the child by about 11.00 a.m. and would reach the child by 5.00 p.m. at the residence of the respondent mother. 2. In all fairness, the learned counsel on instructions from the respondent does not object to the proposal for taking the access. In that view of the matter, we permit the applicant-appellant to take the child Kumar Mayank from the residence of the respondent at 11.00 a.m. for taking him at his residence and return the child by 5.00 p.m. to the respondent mother. 3. Consequently, we also direct the respondent to permit the applicant to take temporary custody of the child at 11.00 a.m. and take back the custody by 5.00 on every Sunday, until further orders. The application is disposed off. 4. The learned counsel for the applicant does not press prayer clause (b) and seeks liberty to move appropriate application, when a given festival is approaching and the applicant is desirous of having access to the child. Hence, prayer clause (b) stands rejected as not pressed by the applicant. [SMT. R.P. SONDURBALDOTA, J] [A.P. DESHPANDE, J] * 3 * IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 61 OF 2010 IN FAMILY COURT APPEAL NO. 188 OF 2009 IN PETITION NO. A-2051 OF 2007 Mr. Dayanand Bhagwat Kharbade .......Applicant V/S. Smt. Vaishali Dayanand Kharbade ........Respondent ---------- Ms. Smita Baddar with Ms. Devyani Shah i/by. Mr. Mayur Narendra & Co., adv.for the applicant. Mr. Gopal R. Hegde, adv.for the respondent. CORAM :- A.P. DESHPANDE, & SMT. R.P. SONDURBALDOTA, JJ. DATED :- 23rd APRIL, 2010. P.C. :- 1. At this stage, the learned counsel for the respondent-wife submits that the applicant is in arrears of the maintenance payable to the wife of eight months which is at the rate of Rs.3,000/- aggregating to Rs.24,000/-. The learned counsel for the applicant, on instructions, from the respondent who is present in the court, makes a statement that the entire amount of arrears of maintenance payable to the wife shall be paid within one week. Hence, no orders are necessary to be passed. [SMT. R.P. SONDURBALDOTA, J] [A.P. DESHPANDE, J]