Extracted from the PDF above. The PDF is authoritative.
28-WP-5880-2023.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5880 OF 2023
Ashwini Mithun Patil …Petitioner Versus Mithun Bipinchandra Patil …Respondent
Mr. Akhil Kupade, for the Petitioner. Mr. S.S. Diwan i/b. Ms. Akansha Helaskar, for the Respondent. CORAM:
MANJUSHA DESHPANDE, J. DATED:
28th NOVEMBER 2025. PC:-
1. The present Writ Petition has been filed by the Petitioner- Wife challenging the order below Exhibits 50 and 44, granting access of minor daughter Ananya by bringing her from Belgavi to Pune on either 1st or 3rd Saturday of a month at Child Care Centre Family Court, Pune, for giving access to the Petitioner-Husband, from 11:00 a.m. to 03:00 p.m.
2. It is unanimously submitted by the parties that, the Petitioner herein had filed transfer Petition under Section 25 of the Civil Procedure Code, 1908, seeking transfer of case from the Family Court, Pune to the Family Court, Belgavi. When the matter went up to the Hon’ble Supreme Court, the transfer Petition is allowed and now, the proceedings have been transferred to the Belgavi, vide order dated 18.09.2025. Considering the fact that 28th November 2025 Kartikeya, P.A.
28-WP-5880-2023.DOC now the matter is transferred to Belgavi, the order directing the present Petitioner to bring the daughter Ananya from Belgavi to Pune for giving access to the husband now would not be feasible, since the matter itself has been transferred to Belgavi. As such, the challenge has become infructuous.
3. In view of the subsequent development, i.e, the order passed by the Hon’ble Supreme Court, the challenge in the present Petition no more survives since it has become infrutuous.
4. Needless to state that the Respondent is at liberty to file appropriate Application before the Belgavi Court for custody and access of the child. All rights and contentions of the parties are kept open.
5. In view thereof, the Writ Petition is disposed of as infructuous.
(MANJUSHA DESHPANDE, J.) { 28th November 2025 Kartikeya, P.A.