VISHAL DOSHI Vs. RACHNA DOSHI

JUDGEMENT

(1.) Heard Mr. Vineet Naik, learned Senior Counsel for the petitioner and Mr. Ramesh Lalwani, learned Counsel for the respondent, at length.

(2.) By this Petition under Article 227 of the Constitution of India, the petitioner Vishal Doshi (for short, "Vishal") has challenged the judgment and order dated 29.3.2019 passed by the learned Judge, Family Court No.3, Mumbai below Exhibits-5 and 17 in Petition No.A-532/ 2019. By that order, the learned trial Judge allowed the applications and directed Vishal to bring back both the children to the premises viz. 162, Neelamber, 16th floor, Peddar Road, Mumbai - 400 026 (for short, "matrimonial home") on or before 1.4.2019. The learned trial Judge directed Vishal and respondent Rachna Doshi (for short, "Rachna") to produce their children's passport on record till further order. Both are restrained from taking the children out of the jurisdiction of the Family Court, Mumbai without Court's permission.

(3.) Vishal has instituted petition on 1.3.2019 under Section 13(1) (i) and (ia) of Hindu Marriage Act, 1955 (for short, "Act") for dissolution of marriage solemnized on 28.12.2003. Vishal has claimed custody of Aman aged about nine years and Aria aged about five years under Sections 7, 17(1) & (2), 25 of the Guardians and Wards Act, 1890 read with Section 7(G) of the Family Courts Act, 1984. Vishal has also claimed permanent and temporary injunctions under Sections 37 and 38 of the Specific Reliefs Act, 1963 read with Order XXXIX, Rule 1(a) of Code of Civil Procedure, 1908 (for short, "C.P.C.").