MANISH B. KATIRA Vs. ADITI M. KATIRA

JUDGEMENT

(1.) As per the administrative order of the Hon'ble the Chief Justice, these Appeals are specially assigned to the Bench presided over by one of us (A.S.Oka,J.).

(2.) This is a very unfortunate litigation which arises out of a matrimonial dispute. The marriage between the parties was solemnised on 5th February 2005. A female child was born from the said wedlock on 18th May 2007. The record reveals that from the day on which the child became 40 days old, the husband and wife are residing separately. The custody of the child is with the mother. By the impugned Judgment and Decree, following three proceedings were decided:-. (i) Petition No.D-30 of 2008 filed by the husband against the wife for grant of custody of the child. (ii) petition No.A-2250 of 2009 was filed by the wife for a decree of judicial separation under section 10 of the Hindu Marriage Act, 1955 and (iii) Petition No.2485 of 2009 filed by the husband for restitution of conjugal rights.

(3.) By the impugned Judgment dated 28th April 2015, the learned Judge of the Family Court, Mumbai dismissed the petition for judicial separation filed by the wife and decreed the petition for restitution of conjugal rights filed by the husband. The petition for custody of the minor child filed by the husband was disposed of by passing the following order: