{1} wp10901-25.doc drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.10901 OF 2025 WITH CIVIL APPLICATION NO. 5930 OF 2026 Aarti Alias Nalini Sukhdev Salve PETITIONER VERSUS The Principal Good Shepherd Academy & Another RESPONDENTS ....... Mr. Chetan B. Chaudhari, Advocate for the Petitioner Mr. N. S. Tekale, AGP for Respondent - State Mr. D. A. Naik, Advocate for Respondent No.1 Mr. S. D. Kotkar, Advocate for Respondent No.3 ....… [CORAM : NITIN B. SURYAWANSHI, & ABASAHEB D. SHINDE, J. J.] DATE : 22 nd JULY, 2026 ORDER : 1. By this Petition, the Petitioner seeks direction to Respondent No.1 to hand over leaving certificate of her minor daughter Avantika Vijay Sonawane to the Petitioner. 2. Admitted position on record is that, divorce decree by mutual consent is passed by the Family Court, Dhule in respect of Petitioner and Respondent No.3. In the order passed by the Family Court, terms and conditions agreed upon by the Petitioner and Respondent No.3 are reproduced. As per the agreed terms, 2026:BHC-AUG:30501-DB {2} wp10901-25.doc son was to reside with the Petitioner – wife and the daughter with Respondent No.3 – husband. It was agreed that after the school examination of the daughter is over, she would be reached to the husband. 3. It appears that the Petitioner does not want to follow the said terms and conditions. Though, as per the terms of the decree, custody of the daughter was handed over to the husband and the daughter was admitted in Respondent No.1 school, at the time of exercising visiting right, the Petitioner-wife has taken the daughter along with her. Therefore, Respondent No.3 was constrained to file proceedings seeking search warrant. In the said proceedings, the daughter was produced before learned Judicial Magistrate First Class. Learned Judicial Magistrate First Class recorded in the order that the child is willing to stay with her mother. Therefore, he refused to hand over custody of the child to Respondent No.3. 4. Taking into consideration the above facts and as the relief claimed in the present petition is against the terms and conditions agreed upon by the husband and wife, we are not inclined to grant the relief. The Writ Petition is, therefore, dismissed. {3} wp10901-25.doc 5. In view of dismissal of the Writ Petition, the Civil Application is also disposed of. [ ABASAHEB D. SHINDE ] [ NITIN B. SURYAWANSHI ] JUDGE JUDGE drp/wp10901-25.doc