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2020 Supreme(Bom) 620

S.C.GUPTE
Dharmesh Vasantrai Shah – Appellant
Versus
Renuka Prakash Tiwari – Respondent


Advocates Appeared:
Aditya Pratap, Advocate, Abhishek Pungliya, Advocate

JUDGMENT

S C Gupte, J. - Heard learned Counsel for the parties.

    2. This writ petition challenges an order passed by the Family Court at Pune on an interim application made by the Petitioner herein (original Petitioner before the Family Court in a custody petition). The interim application had sought interim custody of Master Omiraj Shah, who is the minor son of the parties. It had also sought an interim injunction restraining the Respondent from taking the minor out of India, besides other related or consequential reliefs. By the impugned order, the Family Court rejected the interim application.

      3. The short facts of the case, borne out by the narration in the petition, may be stated as follows :-

        According to the Petitioner, Master Omiraj Dharmesh Shah, who is six years old as of the date of the petition (currently seven years) was born to the parties out of a romantic relationship. The Petitioner claims to have met the Respondent sometime in or about 2008 and been in a romantic relationship with her from 2011 onwards and until June 2012. Master Omiraj was born to the Respondent on 11 December 2012. It is not in dispute that ever since his birth, the child has stayed with the Respo

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