BHAVNA PRASHANT MUNDE v. PRASHANT VISHNUPANT MUNDE AND OTHERS
WP/1174/2025 · 2025-01-23
Shri Kishore C Sant
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7208 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7208 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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wp1174.25 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 901 WRIT PETITION NO. 1174 OF 2025 BHAVNA PRASHANT MUNDE VERSUS PRASHANT VISHNUPANT MUNDE AND OTHERS Mr.Rajendra Deshmukh, Sr. Advocate a/w. Mr. Ramankumar Gopal Dodiya i/b. Mr. D.R.Deshmukh and Mr. Kunal Kale, Advocate for the petitioner. Mr.R.N. Dhorde, Sr. Advocate i/b. Mrs. Rashmi S.Kulkarni, Advocate for respondent No.2.
CORAM : KISHORE C. SANT, J. DATE : 23.01.2025 PC :-
01. Heard learned Sr. Advocate Mr. Deshmukh for the petitioner and learned Sr. Advocate Mr. Dhorde for respondent No.2. The order under challenge is dated 20.01.2025, passed by the learned Judge, Family Court, Aurangabad. The order is as under :-
“1. The interim custody of the daughter Tanishka is continued with her maternal uncle i.e. respondent No.2.
2. The prayer of the mother (Exh.5) to have interim custody of Tanishka is hereby rejected.
3. The prayer of the father by interim application Exh.41, to have interim custody of Tanishka and Yashita is hereby rejected.
4. The mother is directed not to follow Tanishka or do any such act to disturb her.
5. Tanishka is at liberty to go to her mother’s house on 23.01.2025 at 3.00 p.m. to collect her clothes, school uniforms, books, notebooks, tab and other articles of daily use. The Marriage 2025:BHC-AUG:1858
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wp1174.25 Counsellor Shri Nitin S. Patil shall accompany Tanishka. Similarly, the Court duty Constable of this Court Smt. Sangita Malave shall also accompany them to avoid any unpleasant situation which possibly may occur that time.
6. XXXXXXXX”
02. During the course of hearing, it transpires that the petitioner – applicant is more concerned with clause (5) of the order. The grievance is that the petitioner does not want any unpleasant situation in the house and instead she would handover the material in presence of the Family Court to the daughter. Further concern is about a Tab, which is still in possession of the mother. It is her apprehension that in the tab of the daughter, there is private data of the petitioner stored and same may be misused by respondent No.2 as the daughter is presently in his custody.
03. Considering the above, this Court finds that the following
order will meet ends of justice.
ORDER (i) The petitioner shall hand-over the material stated in clause(5) of the impugned order in Family Court at Aurangabad during the course of the day. (ii) The daughter shall also come with respondent No.2 to the Family Court to collect the said articles and the Tab.
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wp1174.25 (iii) It is made clear that no private data of the petitioner shall be used by respondent No.2 in any manner. Further it is made clear that no data from the said Tab shall be used even as evidence in any legal proceedings. (iv) Since this is a custody matter, the Family Court is expected to decide it as early as possible and in any case within six months from today. Care shall be taken by the Family Court that the daughter shall not be called to the Court till 31.03.2025 since her SSC examinations are to start from 15.02.2025. (v) The writ petition is disposed of in above terms. (vi) Parties to act upon Authenticated copy of this order.
[KISHORE C. SANT, J.]
snk/2025/jan25/wp1174.25