The High Court stenographically considered the appellant's need to stay in the family home during her litigation. It issued a temporary order regulating visitation hours for both parties due to their constant conflicts.
Appellant permitted to stay in the suit premises from 7:00 PM to 9:00 AM until the final hearing of the appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION
CIVIL APPLICATION(ST) NO.14377 of 2007
IN
FIRST APPEAL (L) NO.14376 of 2007
Miss Vinod Kumari Dhawan v/s.
Mela Ram Dhawan
....Appellant
....Respondents
Shri Anand Grover, Sr.Advocate with Prakash Mahadik for the Appellant
Shri Vachan Bodake i/b.
M/s. Chitnis Vaithy & Co. for Respondent
CORAM : ANOOP V. MOHTA,J. DATED : 17th October, 2007
P.C.
| . | C | onsiderin | g the averments | made in | the | |||
|---|---|---|---|---|---|---|---|---|
| application | and | in | view | of |
the fact |
that | appellant | is |
| unmarried | dau | ghter | of | respond | ent father |
but | in vie |
w of |
| their | constant | c |
onflict, | they | are u |
nable | to settle |
the |
| matter | inspite | of | repea | ted | adjournments | gran | ted by |
this |
| Court |
for the |
same. | Howev | er, as th |
e app |
eal is |
admitted | |
| and | detailed | hea | ring | is | necessary, | till | the | final |
| decision | of | the | first | appeal, | the | submission | of | |
| respondent | father | that | she | should not |
be | allowed | to | |
| stay | in |
house | in | question | just cann |
ot | be c |
onsidered |
| specially | looking | to | the | age | of the |
appellant | who |
is 62 |
years. The controvercies and conflicts just cannot be
decided at this stage.
2
at this stage of the proceedings, I am of the view and as agreed by the appellant who is present in the Court
and as suggested by the learned counsel appearing for
the appellant, I am inclined to pass following order.
O R D E R
| Till the final |
hearing | of |
the | present | ||
|---|---|---|---|---|---|---|
| appeal, | the appellant |
shall | leave | the | suit | |
| premises | at all before |
9.00 |
a.m. | and | is | |
| entitled | to return in |
the | suit | premises | on |
|
| and | after | 7.00 p.m. |
each | day | and | occupy |
| the |
room | and use |
all | the | facilities | |
| including | kitchen | and | b | athroom. | ||
| It is expected | from | both | parties | to | ||
| cooperate | each other |
du | ring | all | this | |
| period. | However, by |
consent | the | said |
time | |
| or | period can |
be | adjusted. | |||
| Civil application | is | d | isposed | off | ||
| accordingly | with | liberty. |
[ANOOP V. MOHTA,J.]
1 issue framed by the court
Whether the appellant should be allowed to stay in the suit premises given the ongoing conflicts with the respondent father.
Miss Vinod Kumari Dhawan
Mela Ram Dhawan
Anoop V. Mohta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
