Anuradha Sharma vs Anuj Sharma - 2022 Supreme(Bom) 1770

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Bom) 1770

BHARATI DANGRE
Anuradha Sharma – Appellant
Versus
Anuj Sharma – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Abhijit Sarwate with Ms.Hardev Kaur and Mr.Rahul Pardesi
For the Respondent: Mr. Mayur Khandeparkar with Mr.Ajinkya Udane

JUDGMENT :

1. The present petition assail the order passed by the learned Judge, Family Court No.5, Pune on 13/04/2022, on an application fled by the petitioner/wife (Exh.12), seeking permission to relocate and shift alongwith her minor daughter to Krakow, Poland. By the very same order, the learned Judge has partly allowed the application fled by the respondent/husband (Exh.18) seeking a restraint order against the wife from taking the minor daughter, out of the jurisdiction of the Court and further injuncting the mother from changing the school of the daughter and for depositing her passport with the Court during the pendency of the petition.

The two applications were fled in P.D.No.31 of 2020 i.e. a petition fled by the wife, seeking permanent custody of the minor child.

2. The impugned order in the background of the applications will have to be appreciated by introducing brief facts.

The marriage between the petitioner and the respondent was solemnized on 08/07/2010 as per the Hindu rites and customs and without going into further details of their premarital relationship, suffice it to say that a daughter was born out of the wedlock on 08/07/2013.

The petitioner/wife allege that the