LAWS(BOM)-2019-1-258

PRASAD VILAS KULKARNI Vs. GAURI PRASAD KULKARNI

Decided On January 31, 2019
Prasad Vilas Kulkarni Appellant
V/S
Gauri Prasad Kulkarni Respondents

JUDGEMENT

(1.) Heard Mr. Avasarmore, learned Counsel for the petitioner and Mr.Dalvi, learned Counsel for the respondent at length.

(2.) This Petition takes exception to the order dated 27.09.2018 passed by the learned Judge, Family Court, Kolhapur below exhibit-6 in Petition D-4/2018. By that order, the learned trial Judge rejected the application exhibit-6 made by the petitioner, Prasad Kulkarni, hereinafter referred to as 'Prasad', for interim custody of his son, Ishan. The learned trial Judge directed the respondent, Gauri Kulkarni, hereinafter referred to as 'Gauri' to handover son, Ishan on every Sunday at 9.00 a.m. till 5.00 p.m. to Prasad so that he would enjoy company of their son. The learned trial Judge also directed that whenever Prasd is present in the country during the vacation i.e. Diwali, Summer, Christmas, etc, he shall be entitled to interim custody of Ishan for the first half of vacation. Gauri shall positively handover custody of Ishan to Prasad before Counselor attached to the Family Court without fail. During the period of interim custody of Ishan with Prasad, he will take proper care of son Ishan so that his studies will not be affected.

(3.) Rule. Mr. Dalvi waives service for the respondent. Having regard to the narrow controversy raised in the Petition as also at the request and by consent of the parties, Rule is made returnable forthwith and the Petition is taken up for final hearing.