SIMTA KRISHNA SHETTY Vs. VINAY SHANKAR SHETTY

JUDGEMENT

(1.) RULE. Learned Counsel for this respondent waives service. By consent taken up for hearing and final disposal,

(2.) THIS petition under Article 227 of the Constitution is directed against two interim orders passed by the Additional District Judge at Thane. The first of these orders dated 27th May, 2003 directed the mother of the minor child, the petitioner before the Court, to hand over interim custody to the father who is the respondent. By the second of these orders dated 28th july, 2003 on an application filed by the respondent the Additional District Judge directed the Officer in charge of Maninagar Police Station, at ahmedabad to make arrangements for the production of the child before the Court.

(3.) THE parties were married on 29th December, 1991. A male child named prithvish was born on 17th December, 1992 from the wedlock. The petitioner filed for divorce on 12th May, 2002. A decree came to be passed in pursuance of consent terms which were filed before the Civil Judge, Senior Division, thane. Parties agreed to a divorce by mutual consent. Clause 2 of the consent terms provided that the petitioner shall be entitled to the custody of the minor child. The consent terms clarified that the custody shall be with the petitioner and not with her parents. The petitioner was not to claim any maintenance for the minor child. The respondent was granted custody during the Summer and Christmas vacations during which period he was to deposit the passport of the minor in the Court.