HEMA RAVISHANKAR Vs. K R RAVISHANKAR

JUDGEMENT

(1.) THIS writ petition under Art. 227 of the Constitution of India is directed against the judgment and order passed by the Family Court, No. II, Pune, dated 8th may, 2003, below Exhibit 238 in Petition No. A-605 of 2000; and 17th May, 2003 in Petition No. A-605 of 2000, respectively. The said proceedings have been instituted by the respondent-husband against the petitioner wife for divorce and custody of their minor child Shrikrishna.

(2.) THE petitioner and the respondents were married on 30th June, 1994 and shrikrishna was born on 30th March, 1995. It is the case of the petitioner that the petitioner and her child of 4 years were thrown out of the matrimonial home unceremoniously in June, 2000 and since then, the petitioner, along with her child, is staying separately. Initially, she stayed with her sister at Mumbai, and, now, has acquired her own house on monthly rent basis. The petitioner is gainfully employed and is stated to be lecturer in South Mumbai College.

(3.) DURING the pendency of the main proceedings, being Petition No. A-605 of 2000, the respondent filed application for interim access/custody of his minor son Shrikrishna during May vacation, i. e. , 12th April, 2003 to 12th June, 2003. The Court below was pleased to allow the said application by judgment and order dated 8th May, 2003 and directed the petitioner to produce the child on 17th May, 2003 in the Family Court Child care Centre, Pune, for being handed over to the respondent for interim custody upto 2nd june, 2003. The order as passed by the Family Court reads thus :