SNEHASIS RASHBIHARI BATABYAL Vs. DOLAN ACHARYA

JUDGEMENT

(1.) BASIC FACTS: The dispute in these proceedings concerns custody of the minor son of the parties, who is approximately 14 years old. The petitioner in Writ Petition No. 14746 of 2024 is the father of the minor child, and the respondent is the mother. For the sake of convenience, the said parties are referred to as 'father' and 'mother' respectively.

(2.) Writ Petition No. 14746 of 2024 is filed by the father to challenge the judgment and order dated 20 th September 2024 passed by the Family Court, Mumbai in Miscellaneous Application No. 5 of 2024 in Petition No. A-656 of 2016. Interim Application No. 14317 of 2024 is filed by the father seeking a stay on the implementation of the impugned judgment and order dated 20 th September 2024. Contempt Petition No. 474 of 2025 is filed by the father alleging breach of the order dtd. 6/5/2025 passed by this Court in Interim Application No. 14317 of 2024. In the Contempt Petition, it is alleged that the mother committed breach of the order where a stay was granted by this Court to the implementation of the impugned order that directs the father to hand over custody of the minor child to the mother.

(3.) Writ Petition(st) No. 18398 of 2026 is filed by the mother, partially aggrieved by the judgment and order dated 20 th September 2024 and challenges the directions issued in clauses (3),(8),(10) and (11) of the operative order of the said judgment. The Writ Petition No. 7796 of 2025 is filed by the mother to challenge the order dated 29 th May 2025 passed by the family court in Regular Darkhast No. 142 of 2025. By the impugned order in this petition, the father's application for physical custody of the minor child is allowed, and the mother is directed to hand over the minor child's custody to the father. By the said order, the mother was permitted to avail access to meet the child on the second weekend of June 2025. Regular Darkhast No. 142 of 2025 is filed by the father seeking custody of the minor child with police help alleging non-compliance with the Order dated 20 th September 2024.