LAWS(BOM)-2020-7-65

ASHU DUTT Vs. ANEESHA DUTT

Decided On July 24, 2020
ASHU DUTT Appellant
V/S
Aneesha Dutt Respondents

JUDGEMENT

(1.) This interim application has been made in a disposed of writ petition filed under Article 227 of the Constitution of India, which petition had challenged an interim order passed by the Family Court in a custody dispute concerning minor children of the parties.

(2.) The Applicant's case in this Interim Application may be briefly stated thus:

(3.) The application is contested by the Respondent wife on various grounds, though what we are primarily concerned with and what has weighed with this Court, as discussed below, is the very maintainability of the present interim application in the disposed of writ petition referred to above. Possibly faced with the prospect of not being able to present any interim application before the Family Court, having regard to the Supreme Court order dated 15 February 2019 (noted above), the Applicant seeks relief in respect of his daughter's studies from this Court in the disposed of petition. (Incidentally, contemporaneously, an application has been moved by Respondent wife before a Division Bench of this Court seeking to modify its original order passed in the habeas corpus petition, altering thereby the original protem arrangement ordered by this Court therein during the pendency of the custody petitions, particularly, seeking permission for the parties' youngest son Ahren to travel to Thailand for further education. That application is yet to come up before the Division Bench for hearing.)