The court emphasized the importance of the child's development and the need for love, affection, and quality time with both parents, and considered the child's best interests in reaching its decision.

JUDGMENT

MILIND NARENDRA JADHAV,J. - Heard learned counsel appearing for the respective parties.

2. By the present Petition, Petitioner (wife) has prayed for the following relief's:

"(a) This Hon'ble Court be pleased to issue a Writ of Certiorari or a Writ in the nature of Certiorari or any other appropriate Writ, order or direction, calling for the Record and Proceedings in the Petition No. a-157 of 2019, pending in the Ld. Family Court, and after going through the legality ad propriety of the impugned Order, be pleased to quash/modify or set aside the impugned order dtd. 20/4/2022 below Exhibit 38;

(b) This Hon'ble Court be pleased to pass an order for day access to son Ved in the Children's room of the Ld. Family Court at Bandra, for the Respondent, during the remaining summer vacation days. She seeks to modify and/or quash the order dtd. 20/4/2022 impugned in the petition."

3. The impugned order is passed below Exhibit-38. Original Application was filed by the Respondent (husband) before the Family Court seeking access to his minor son-Ved on the occasion of his birthday and during the ensuing summer vacation between 30/4/2022 to 5/6/2022. The birthday of Ved was on 21st April.

4. This petition was mentioned before me on 13/5/2022 during the vacation. Both learned counsel appeared and made their respective submissions. A joint request was made by both the parties to interview/have an altercation with the child in chamber. After hearing the learned counsel for the parties I passed the following order:

"1. Heard.

2. After hearing the learned counsel for some time and perusing the impugned order, it is directed that the Petitioner along with Advocate shall remain present along with her child in chamber at 10:00 a.m. on 18/5/2022. Respondent along with Advocate shall also remain present at the same time.

3. Stand over to 18/5/2022 at 10:00 a.m. in Chamber."

5. On 18/5/2022 the matter was fixed for hearing and interaction with the child in chamber at 10:00am. The Petitioner was present along with the child Ved, so also the Respondent was present. The advocates for both sides were also present. I had an interaction with Ved initially only in the presence of the Petitioner and her Advocate and later in the presence of the Petitioner, the Respondent as well as their respective Advocates who were all present in the adjoining chamber. Though, all of 7 years of age, Ved appeared to be a highly reciprocative boy and got engaged in a conversation with me immediately. From his body language, demeanor, replies and answers given to a gamut of general questions put to him, he came out to be more than intelligent for his age. His reflexes were very sharp. After spending about 30 minutes inter-reacting with him, I let alone the Petitioner, Respondent and Ved in the chamber and shifted to my chamber to hear the respective advocates, when further submissions were made. After hearing the Advocates the matter was closed for orders. The petitioner and the respondent along with Ved thereafter left the chamber.

6. Though, the parties have approached this Court in the middle of the summer vacation, I acceded to their joint request and heard the present petition finally lest to render the proceedings infructuous. My task is cut out as only two weeks are now remaining for the summer vacation period which is the subject matter of the original application and the impugned order by the Trial Court. Nevertheless, the matter needs to be decided in the interest of justice and most importantly in the larger interest of the child.

7. Petitioner is aggrieved by paragraph Nos. 4 and 5 of the operative part of the impugned order which read thus:

"4. Petitioner shall also give overnight access of child Ved to father from 17/5/2022 to 30/5/2022. She shall hand over master Ved on 17/5/2022 around 10:00 a.m. to respondent-father, whereas respondent shall return the child around 5.00 p.m. on 30/5/2022 to petitioner-mother.

5. During overnight access, respondent shall