NILAM v. Amit Harischandra Patil
Case Details
Acts & Sections
Cited in this judgment
Marriage Act, 1955. The parties had produced consent terms on the basis of which the Petition No.F-302 of 2013 came to be disposed of by order dated 3 May 2014. It can be seen that by virtue of the said consent decree the permanent custody of the minor son of the parties was to remain with the Petitioner-mother and the Respondent-father was entitled to the visitation rights as agreed. As per Clause (3) of the Consent Terms it was agreed that the Respondent will not at any point of time file another Petition for custody.
3. The Respondent has filed Petition No.B-06/2019 before the Family Court under Section 26 of the 1955 Act claiming “Additional Custody” of at least 10 to 15 days in the month of May as well as the Diwali and December vacations till the minor attains majority.
4. The Petitioner filed Application Exhibit-13 for rejection of the Petition as being not maintainable in the light of the earlier Consent Terms, which application, the Trial Court has directed to be “kept” with the main Petition. N.S. Kamble page 2 of 10
5. I have heard the learned counsel for the parties. Perused record.
6. It is submitted by the learned counsel for the Petitioner that in view of the earlier Consent Terms by which the Petitioner had expressly agreed not to file any Petition for custody, the Petition seeking “Additional Custody” during May, Diwali and December vacation is exfacie not maintainable. It is submitted that the learned Family Court, ought to have decided the Application at the threshold and was not justified in postponing to consider the Application along with main Petition which is in the submission of the learned counsel would frustrate the very object of filing of the Application.
7. On behalf of the Appellant reliance is placed on the decision of this Court in State of Goa V/s. Placido Bragonz1, Latabai Narcinha Telang V/s. Suresh Narcinha Telang2, Krishna Kumar Birla V/s. Rajendra Singh Lodha & Ors.3, Mausami Moitram Ganguli V/s. Jayant Ganguli4, Krishna Kumar Birla V/s. Rajendra Singh Lodha & Ors.5,Vikram Vir Vohra V/s. Shalini Bhalla6, Mohan Kumar Rayana V/s. Komal Mohan Rayana7 and the decision of the Madras High Court in S. Rohini 1 2 3 4 5 6 7