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2011 Supreme(Bom) 1016

ROSHAN DALVI
Vimi Vinod Chopra – Appellant
Versus
Vinod Gulshan Chopra – Respondent


Advocates Appeared:
For the Petitioner:Rajani Iyer, Sr. Counsel a/w. Mayur Khandeparkar a/w. Mr. K. S. Vardhan a/w. Ms. Sapana Rachure i/b T. N. Trapathi & Co., Advocates.
For the Respondents:Pradeep S. Chavan, Advocate.

Judgment :

1. Rule. Returnable forthwith.

2. This Writ Petition is filed by the Petitioner-wife challenging the order of Family Court No.4, Mumbai dated 13.10.2010 allowing the husband’s application for striking off her defence. This application came to be made upon the breach of the order of granting access passed by the Family Court. The parties have had numerous disputes and litigations since the husband sued for divorce, an order of injunction in respect of residence of the parties and custody of the children in the Family Court, Bandra, Mumbai on 3rd March, 2008.

3. The parties have three children now aged 16, 15 & 9 years. The husband applied for access to his children initially on 08.10.2009. The wife resisted that application essentially on the ground that the husband was not attached to the children, was harassing them by spoiling their reputation with their friends with the reason that the children were left alone with no one to play with. The wife contended that the children suffered unreasonable behaviour of the husband and started hating him. She also alleged that the Petitioner dragged them in the litigation and that it is dangerous to allow the Petitioner to take the


































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