ASHU DUTT Vs. ANEESHA DUTT

JUDGEMENT

(1.) The issue involved in both Applications is regarding the visitation rights of the Applicant in Interim Application No. 1780 of 2023 to meet his minor son Ahren. Ashu Dutt - the Applicant ("father") in Interim Application No. 1780 of 2023, is the father of the minor child ("Ahren"). Aneesha Dutt - Applicant ("mother") in Interim Application No. 2605 of 2023, is the mother of Ahren.

(2.) The Family Court Appeal No. 17 of 2021 is filed by the father for challenging judgment and order dtd. 30/9/2020 passed by the learned Judge of Family Court No. VII, Mumbai, in Petition No. D-87 of 2012. By the judgment and order impugned in the Family Court Appeal, the Petition filed by the father seeking custody of minor children Ahren and Arshiya is partly allowed. By the said impugned judgment and order, both parents are granted joint custody of both minor children.

(3.) The father is held entitled to retain physical custody of Arshiya (sister of Ahren), and the mother is entitled to retain physical custody of Ahren. By the said impugned judgment and order, the mother was directed to provide free access to the father, his parents (grandparents of Ahren) and to the siblings to meet Ahren. Arshiya and Arnav are Ahren's siblings, and they have already attained majority. By the same order, the father is directed to provide free access to the mother to meet Arshiya. Arshiya has attained majority during the pendency of the proceedings. Now the dispute between the parties is with respect to the custody and access of Ahren. During the pendency of proceedings before the Family Court as well as this Court, various orders are passed by the Family Court, High Court as well as the Hon'ble Supreme Court.