Partly allowed

Payal Sinha v. Prashant Saxena

Bombay HC22 Feb 2024IA/16651/2023

Case brief

AI extract

What is this about?

The court allowed the wife's interim application for permission to sign documents for the minor son's immigration to Australia, ruling that the child should not suffer due to the husband's non-cooperation and non-appearance. Custody was reserved for final hearing.

What did the court decide?

Interim application allowed: Applicant granted permission to sign documents for the minor son's immigration to Australia and passport application without the Respondent's signature.

Payal Sinha Vs Prashant Saxena — Child Custody and Guardianship | Bombay HC (2024)

¶1

11.fca.11.2024.doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶3

FAMILY COURT APPEAL NO.11 OF 2024

¶4

Payal Sinha .. Appellant (Org.Petitioner)

¶5

Versus Prashant Saxena .. Respondent (Org.Respondent)

¶6

WITH INTERIM APPLICATION NO.16651 OF 2023 IN

¶7

FAMILY COURT APPEAL NO.11 OF 2024 Payal Sinha .. Applicant In the matter between:- Payal Sinha .. Appellant Versus Prashant Saxena .. Respondent

¶8

Digitally signed UTKARSHKAKASAHEB by UTKARSHKAKASAHEBBHALERAO BHALERAO Date: 2024.02.23 14:54:24 +0530

¶9

Mr.Kunal Bhange i/b Armaity Khushrushahi, Nerissa Almeida, Advocates for the Applicant/Wife.

¶10

CORAM: B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ. DATE : FEBRUARY 22, 2024

¶11

Page 1 of 4 FEBRUARY 22, 2024

Utkarsh

11.fca.11.2024.doc

P. C.

1. The above Interim Application is filed seeking the following

¶16

reliefs:-

¶17

"(a) that pending the hearing and final disposal of Family Court Appeal (st) No.29092 of 2023, and the present Interim Application, sole permanent custody of the minor son Aayansh be granted to the Applicant;

¶18

(b) that pending the hearing and final disposal of Family Court Appeal (st) No.29092 of 2023, and the present Interim Application, the Applicant be granted permission to execute all necessary forms/documents including all form/documents for the purpose of the minor son Aayansh's applicant for immigration to Australia;"

¶19

2. The above Family Court Appeal has been filed by the Appellant-Wife from the judgment and order of the Family Court, Bandra dated 5^th April, 2023. Before the Family Court the AppellantWife had filed a Petition seeking a divorce under Section 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955 and also sought permanent alimony of Rs.75,000/- per month. By the impugned order, the Divorce Petition filed by the Appellant-Wife was partly allowed and she was granted a divorce under Section 13(1)(ia) and 13(1)(ib) of the Hindu

Page 2 of 4

FEBRUARY 22, 2024

Utkarsh

11.fca.11.2024.doc

Marriage Act, 1955. No alimony was granted and the impugned judgment is completely silent on the custody of the child. The present Appeal is restricted only to the aspect of the custody of the child. It is in this light that the above Interim Application is filed seeking the reliefs more particularly set out hereinabove.

¶25

3. We have heard the learned counsel appearing for the Appellant-Wife. The Respondent-Husband has chosen not to appear though duly served as evidenced by the affidavits of service dated 5/12/2023, 14/12/2023 and 03/01/2024. As far as prayer clause (a) is concerned, that is something that we will consider at the final hearing of the Appeal and cannot be granted at the interim stage. However, as far as prayer clause (b) is concerned, we find that the same deserves to be granted. We say this because it appears that the Appellant-Wife wants to apply for a passport for her child, and the RespondentHusband, even before the Trial Court did not appear. Because of the non-cooperation of the Respondent-Husband, the child ought not to suffer. In these circumstances, the above Interim Application is allowed in terms of prayer clause (b) reproduced above.

¶26

Page 3 of 4 FEBRUARY 22, 2024

¶27

Utkarsh

¶28

11.fca.11.2024.doc

¶29

4. It is made clear that for any documents that are to be signed on behalf of the minor son Aayansh, the signature of the Respondent-Husband will not be required and the Appellant-Wife will be entitled to sign any such documents/applications on behalf of her son as a parent/guardian.

¶30

5. The Interim Application is disposed of in the aforesaid terms. However, there shall be no order as to costs.

¶31

6. This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

¶32

[SOMASEKHAR SUNDARESAN,J.] [B. P. COLABAWALLA, J.]

¶33

Page 4 of 4

¶34

FEBRUARY 22, 2024

¶35

Utkarsh

Payal Sinha v. Prashant Saxena

Case brief

What is this about?

What did the court decide?

Payal Sinha v. Prashant Saxena

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Madhavi Goenka Vs India Sme Assets Reconstruction Company Limited

Icici Home Finance Company Ltd. and Anr. vs the State of Maharashtra Thr. the Hon. Ble District Collector Kolhapur and Ors.

Saarthh Studio through Proprietro Kostuv Kejriwal vs the State of Maharashatra through Principal Secretary to the Ministy of Revenue

Mohammed Shakeel Khamker Alias Pathan vs Lotus Engicons Private Limited

Phoenix Arc Private Limited Acting in Its Capacity as Trustee of Phoenix Trust Fy 14-13 Scheme-B vs State of Maharashtra

Gulabrao Bhikoba Rupnawar and Anr. vs State of Maharashtra Thr.Its Ministry and Department of Revenue Affairs and Ors.