VINITA SANDEEP AGRAWAL Vs. SANDEEP SHIVKUMAR AGRAWAL

JUDGEMENT

(1.) Civil Application (CAW) No.1884/2023, is an application for modification of order dtd. 20/6/2023, on the ground that complaints have been made by the petitioner before various authorities regarding custody of the child, which is presently under the orders of this Court dtd. 20/6/2023, is with the respondent, on account of which the police authorities have been visiting the residence of the respondent. There is a counter allegation by the petitioner that the mobile given to the minor child has been switched off by the respondent. The purpose of giving custody to the respondent, is to have an interaction with his daughter. The mobile which has been given to the daughter is for her own safety and convenience and it is impermissible for the respondent to have indulged into an act for switching off the mobile for any reason whatsoever, even on the ground that the petitioner was inciting the child to walk out of the house. In such a case, it was permissible for the respondent to have brought this position to the knowledge of the Court, but it definitely did not permit the respondent to switch off the mobile of the minor child. The petitioner is directed to switch it on forthwith and to ensure that it is charged all the time and in the custody of the minor and is accessible to one and all for contacting the child. In case any such grievance is raised in the future the Court shall be constrained to withdraw the order dtd. 20/6/2023 and direct the reversal of the custody of the child from the respondent to the petitioner.

(2.) The petitioner has her own apprehension regarding the stay of the child with the respondent, however, that does not permit the petitioner to file complaints with the police authorities and to induce them to visit the residence of the respondent. The petitioner is also therefore, not to indulge in such acts. The apprehension of the petitioner can be taken care by permitting the petitioner, who is presently in town to visit the child, which visitation can take place before the Counsellor Family Court, Nagpur every day between 3:00 to 4:00 p.m. The application is disposed of in the above terms with the expectation that the parties shall strictly follow to the order of this Court and does not indulge in the tactics for thwarting the order of this Court.