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Nahida Rishad Cooper vs Rishad Darayas Cooper on 18 May, 2018

Bench: Arun Mishra, Uday Umesh Lalit

                                                   1


     ITEM NO.66                            COURT NO.9               SECTION IX

                               S U P R E M E C O U R T O F      I N D I A
                                       RECORD OF PROCEEDINGS

     SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 11202/2018

     (Arising out of impugned final judgment and order dated 06-12-2017
     in APPL No. 374/2017 passed by the High Court Of Judicature At
     Bombay)

     NAHIDA RISHAD COOPER                                            Petitioner(s)

                                                  VERSUS

     RISHAD DARAYAS COOPER                                           Respondent(s)

     (FOR ADMISSION and I.R. and IA No.63808/2018-CONDONATION OF DELAY
     IN FILING and IA No.63809/2018-CONDONATION OF DELAY IN REFILING and
     IA No.63810/2018-PERMISSION TO FILE LENGTHY LIST OF DATES and IA
     No.63811/2018-PERMISSION TO FILE ADDITIONAL DOCUMENTS )

     Date : 18-05-2018 This petition was called on for hearing today.

     CORAM :
                         HON'BLE MR. JUSTICE ARUN MISHRA
                         HON'BLE MR. JUSTICE UDAY UMESH LALIT


     For Petitioner(s)             Mr.   Neeraj Kishan Kaul, Sr. Adv.
                                   Mr.   Anand Varma, Adv.
                                   Mr.   Manpreet Kaur, Adv.
                                   Ms.   Shubhangi Jain, Adv.
                                   Mr.   Anand Varma, AOR

     For Respondent(s)             Mr. Anand L., Adv.
                                   Mr. Sanjay B., Adv.
                                   Mr. Jay Kishor Singh, AOR


                          UPON hearing the counsel the Court made the following
                                             O R D E R

Heard learned counsel for the parties.

Delay condoned.

NEELAM GULATI Date: 2018.05.19 12:27:47 IST Reason: Matter pertains to the custody of the child aged about eight years. The child has been put in custody of the mother. At the relevant time, it appears from the pleadings that the mother  2 was residing at Pune and wanted to reside there itself. But she has also pleaded that in future she may require to move to Bombay. In the impugned order she has been ordered to remain at Pune. In case the exigencies so require to shift to Bombay, it would be open to the petitioner to move a proper application before the concerned court at Pune for moving to Bombay alongwith child. In case such an application is filed, it would be considered on its own merits and decided in accordance with law, after hearing the parties, unfettered by the order passed by this Court and the observations made by the High Court or trial court in the orders.

Special leave petition is disposed of accordingly. Pending application, if any, also stand disposed of.

(NEELAM GULATI)                                     (JAGDISH CHANDER)
COURT MASTER (SH)                                      BRANCH OFFICER