Bombay High Court
Ms. Prabhjeet Kaur Bamraha vs Mr. Harpreet Singh Bamraha on 26 July, 2024
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
24-fca-72-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FAMILY COURT APPEAL NO. 72 OF 2024
WITH
INTERIM APPLICATION NO. 8478 OF 2024
IN
FAMILY COURT APPEAL NO. 72 OF 2024
Prabhjeet Kaur Bamraha .. Appellant
Versus
Harpreet Singh Bamraha .. Respondent
SMITA Adv. Rishika Agarwal i/b. Adv. Devyani Kulkarni, for the Appellant/
RAJNIKANT Applicant.
JOSHI
Digitally signed by
SMITA RAJNIKANT
JOSHI
Adv. Disha Shetty i/b. Adv. Taubon Irani, for the Respondent.
Date: 2024.07.26
18:06:47 +0530
Ms. Prabhjeet Kaur Bamraha, Appellant-Wife is present in the Court.
Mr. Harpreet Singh Bamraha, Respondent-Husband is present in the
Court.
CORAM: B. P. COLABAWALLA &
FIRDOSH P. POONIWALLA, JJ.
DATE: JULY 26, 2024
P. C.
1. In the above matter, we had granted weekend access of the child- Arsh to the Respondent-Father from 14 th June, 2024 to 17th June, 2024 and thereafter from 28th June, 2024 to 30th June, 2024. This request was renewed on 5th July, 2024. However, on that date, the learned Counsel appearing for the Appellant submitted that it would not be advisable to give full weekend Page 1 of 4 JULY 26, 2024 S.R.JOSHI ::: Uploaded on - 26/07/2024 ::: Downloaded on - 03/08/2024 14:24:05 ::: 24-fca-72-2024.doc access for that particular weekend because the child was sick and was advised not to go to school for 5 days. We also noted that these five days expired on 5th July, 2024. However, considering that the child was not well, we directed that the father along with his parents, and who had come from Nashik, may be permitted to meet the child-Arsh from 7.00 p.m. to 9.00 p.m. on 5 th July, 2024.
2. Thereafter, on 12th July, 2024, again a request was made for weekend access of child-Arsh, when we were again informed that the child- Arsh was not well. We noted that this excuse has been trotted out time and again. We also noted that even assuming that the child is unwell, it was not as if the father was not capable of looking after the child. We, therefore, directed that the Appellant-mother to hand over the child-Arsh to the Respondent- Father at 6.00 p.m. on 12 th July, 2024 and the Respondent-Father would then be allowed to take the child to Nashik and be returned on Sunday (14 th July, 2024) by 6.00 p.m. This arrangement was to continue for the following weekend as well. We had therefore kept the matter on board today.
3. Today, again a request for weekend access has been made by the Respondent-Father. The Appellant-Mother has stated today that she does not Page 2 of 4 JULY 26, 2024 S.R.JOSHI ::: Uploaded on - 26/07/2024 ::: Downloaded on - 03/08/2024 14:24:05 ::: 24-fca-72-2024.doc want to give weekend access to child-Arsh, [for this weekend], because she allegedly does not get quality time with the child during the weekdays.
4. Having heard the learned Advocate appearing for the Appellant- Mother, we find that this is a rather absurd argument. When we put it to the learned Advocate for the Appellant-Mother that if she is not getting quality time with the child during the week, we could hand over the custody of the child to the Respondent-Father for the week and we could give her weekend access, the same was immediately turned down. In our opinion, it is absurd to suggest that the parent does not get quality time with the child during the week and the same is only available on the weekend.
5. We must also keep in mind that the Family Court, in the impugned order, has in fact granted custody of the child-Arsh to the Respondent-Father. The arrangement of weekend access to the Respondent- Father is on the basis that the custody will continue to remain with the Appellant-Mother for the time being. Once this is the case, we find that the reluctance to give weekend access of the child to the Respondent-Father, is wholly unwarranted. We,therefore direct that today, the Respondent-Father shall fetch the child from the residence of the Appellant-Mother at 6.00 p.m. today. The Respondent-Father is then allowed to take the child to Nashik and Page 3 of 4 JULY 26, 2024 S.R.JOSHI ::: Uploaded on - 26/07/2024 ::: Downloaded on - 03/08/2024 14:24:05 ::: 24-fca-72-2024.doc return back the child to the Appellant-Mother on Sunday by 6.00 p.m. This arrangement shall now continue until further orders unless modified by this Court. We are informed that the parties are in the process of also exchanging a parental plan. The parties can exchange the parental plan before the next date of hearing.
6. We make it clear that if the directions passed by us today are not complied with by either party, we shall not hesitate to haul up the guilty party for contempt.
7. We, now place the above matter on 2nd August, 2024.
8. 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. [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.] Page 4 of 4 JULY 26, 2024 S.R.JOSHI ::: Uploaded on - 26/07/2024 ::: Downloaded on - 03/08/2024 14:24:05 :::