Bombay High Court
Pooja Shantanu Pashankar @ Pooja ... vs Shantanu Dhananjay Pashankar @ Pooja ... on 17 March, 2023
Bench: R.D. Dhanuka, Gauri Godse
3-IA-1977-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1977 OF 2023
IN
FAMILY COURT APPEAL (ST) NO. 10252 OF 2021
Pooja Shantanu Pashankar @ Pooja Gul
Thandani ...Applicant
In the matter between:
Shantanu Dhananjay Pashankar ...Appellant
Versus
Pooja Shantanu Pashankar @ Pooja Gul ...Respondent
Thadani
---------
Mr. Abhijit Sarwate a/w. Ms. Hardev Kaur Aidhen, for Applicant.
Mr. Amol B. Jagtap, for Respondent/original Appellant in FCA.
---------
CORAM : R.D. DHANUKA &
GAURI GODSE, JJ.
DATED : 17th March, 2023 P.C. :
. We have heard learned counsel for the parties. By consent of the parties following order is passed:
2. The Applicant/wife and Appellant/husband would file a joint application for renewal of the passport of the daughter Saloni to the concerned Passport Office/U.S. Consulate General, situated at Bandra Kurla Complex, Bandra (E), Mumbai within one week from today duly completed in all respects. Both the Husen Page 1 of 4 ::: Uploaded on - 20/03/2023 ::: Downloaded on - 21/03/2023 02:37:10 ::: 3-IA-1977-2023.doc parties agree that address of Saloni to be mentioned in the said application will be Appellant's Pune address, for the purpose of passport. Mr. Sarwate, learned counsel for the Applicant states that the charges, if any, for renewal of the passport shall be exclusively borne by the Applicant. Statement is accepted.
3. The parties would apply jointly for an appointment. The parties have agreed that on a date of appointment that would be fixed by the Passport Office/U.S. Consulate, both parties would remain present for completing necessary formalities. Statements made by the learned counsel for the parties are accepted as and by way of undertaking to this Court.
4. The Applicant agrees to keep the daughter Saloni present at the time of appointment in the Passport Office/U.S. Consulate. The Respondent is at liberty to meet the child in the Passport Office/U.S. Consulate by maintaining all decorum.
5. The Passport Office/U.S. Consulate is directed to transmit the passport duly renewed to the Registrar (Judicial) of this Court after giving intimation to the Applicant/wife as well as the Appellant/husband. The Registrar (Judicial) of this Court to keep the said passport in safe custody and shall not part with the Husen Page 2 of 4 ::: Uploaded on - 20/03/2023 ::: Downloaded on - 21/03/2023 02:37:10 ::: 3-IA-1977-2023.doc said passport without prior Order of this Court.
6. Both the parties agreed that in addition to the renewal of the passport of the daughter Saloni, other formalities for the Overseas Citizen of India (OCI) card will also be complied with.
7. It is made clear that both the parties would apply for renewal of OCI card to U.S. Consulate, Mumbai. Both the parties further agreed that upon renewal of the passport that would be transmitted by the passport office/U.S. Consulate to the office of the Registrar (Judicial) of this Court, if any endorsement is required to be made on the passport in respect of OCI, the Registrar (Judicial) of this Court shall permit the Appellant-
husband to withdraw the said passport from the Office of the Registrar (Judicial) for the limited purpose of getting written endorsement of OCI on the said Passport. The Registrar (Judicial) shall in the presence of both the parties handover the original passport to the Appellant. Whenever an application in writing is made by the Appellant-husband for withdrawal of the passport from the office of Registrar (Judicial) for the purpose of making an endorsement of OCI on the passport, an application made by the Appellant will be served upon Respondent's Advocate in advance. The learned Registrar (Judicial) shall hand Husen Page 3 of 4 ::: Uploaded on - 20/03/2023 ::: Downloaded on - 21/03/2023 02:37:10 ::: 3-IA-1977-2023.doc over the passport in presence of both the parties by passing an appropriate order on the said application. The application that would be filed by the Appellant shall indicate the time within which the passport would be returned by the Appellant with an endorsement of OCI duly made.
8. We accept the undertaking tendered by the learned counsel for the Appellant that if the passport is returned to the Appellant by the Registrar (Judicial) of this Court, after such endorsement of OCI is made, the passport would be returned back to the Registrar (Judicial) of this Office. Undertaking is accepted.
9. If any party commits any breach of the Order passed by this Court, this Court will issue contempt notice under the provisions of Contempt of Courts Act, 1971.
10. Interim application is disposed of in the aforesaid terms.
11. The parties, the Registrar (Judicial) of this Office as well as Passport Office/U.S. Consulate/Office of the OCI to act on an authenticated copy of this order.
(GAURI GODSE, J.) (R.D. DHANUKA, J.) Husen Page 4 of 4 ::: Uploaded on - 20/03/2023 ::: Downloaded on - 21/03/2023 02:37:10 :::