The court dismissed the wife's writ petition challenging the Family Court's order granting the husband access to the child. The court held that access is for the child's welfare, and the wife's apprehension of harm lacked evidentiary support.
Writ petition dismissed; order of the Family Court granting access to the father allowed.
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.
(1) (9) WP 2493/13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
Amk
WRIT PETITION NO. 2493 OF 2013
Smt. Durga Devi H. Soni .. Petitioner Vs. Hitesh Bansilal Soni .. Respondent
Mr. O. B. Molankar for the Petitioner. Yatin N. Shah for the Respondent.
CORAM : MRS. ROSHAN DALVI, J. DATE : 15th MARCH, 2013.
P.C.
(ROSHAN DALVI, J.)
2 issues framed by the court
Whether the father's apprehended harm to the child justifies denial of access or negates the rule that access must be for the child's welfare.
Whether an order granting two hours access per week to the father can be challenged by the mother claiming danger to the child without evidence.
Smt. Durga Devi H. Soni
Hitesh Bansilal Soni
Roshan Dalvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
