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2026 DAILYLAW 5107 (BOM)

PRAJWAL PRAKASH MHATRE v. SHITAL PRAJWAL MHATRE

IA/5927/2026 · 2026-08-28

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Judgment text

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1/3 902 IA.5927.2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 5927 OF 2026 IN FAMILY COURT APPEAL NO. 37 OF 2025 Prajwal Prakash Mhatre .. Applicant Versus Shital Prajwal Mhatre .. Respondent WITH INTERIM APPLICATION (STAMP) NO. 25361 OF 2024 IN FAMILY COURT APPEAL NO. 37 OF 2025 Shital Prajwal Mhatre .. Applicant Versus Prajwal Prakash Mhatre .. Respondent … Mr. Vikrant Khare a/w Mr. Ganesh Pandit, for the Applicant- Husband. Mr. Ranjeet V. Sangle i/by Mr. Hitesh B. Sangle a/w Gauri Ghuge and Ms Shreya Sivaramakrishnan, for the Respondent- Wife. ... CORAM : BHARATI DANGRE & ASHISH S. CHAVAN, JJ. DATED : 28th AUGUST, 2026 P.C:- 1. By order dated 07.08.2026, we permitted the Applicant- Rushikesh RUSHIKESH VISHNU PATIL Digitally signed by RUSHIKESH VISHNU PATIL Date: 2026.08.29 17:11:11 +0530 2/3 902 IA.5927.2026.doc father to avail access on 09.08.2026, and we directed the Respondent-wife to allow the access. The Applicant was permitted to pick up the child at 10:00 a.m. from the residence of the Respondent and drop him back at 05:00 p.m. without creating any ruckus. 2. Today, when we have kept the matter for ensuring compliance, the learned counsel appearing for the Respondent- wife has placed before us footage from the CCTV Camera annexed to the office of the building, which reflects that the Applicant-father entered the office, made an entry in the register, clicked pictures and immediately left the premises without availing access. The learned counsel for the Applicant-father was also confronted with the said CCTV footage and, according to him, it cannot be conclusive proof of the fact that the access was not available. We can only clarify that it may not be conclusive proof, but prima facie, it demonstrates the behaviour of the Applicant-father in making an entry and exiting the colony without availing access. We say nothing more on the conduct, as it is self- speaking. 3. On 07.03.2025, the statement made on behalf of the Respondent-wife was recorded to the effect that she is ready and willing to give access to the minor son to the Applicant- father and, therefore, access was permitted to be availed on every Sunday between 10:00 a.m. and 05:00 p.m. By keeping this option open to the Applicant-father to avail access on every Sunday between 10:00 a.m. to 05:00 Rushikesh 3/3 902 IA.5927.2026.doc p.m., by picking up the child from the society and returning back him at 05:00 p.m., we deem it appropriate to dispose of the Interim Application. Accordingly, Interim Application No. 5927 of 2026 stands disposed of. (ASHISH S. CHAVAN, J.) (BHARATI DANGRE, J.) Rushikesh