Abhishek Ajit Chavan vs Gauri Abhishek Chavan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Bom) 1052

RAJESH S. PATIL
Abhishek Ajit Chavan – Appellant
Versus
Gauri Abhishek Chavan – Respondent

Advocates:
Advocate Appeared:
For the Petitioner:Ms. Indira Jaising, Senior Advocate a/w. Advocate Chitra Phadke, Advocate Atharva Dandekar, Advocate Hitendra Parab, Mr. Abhishek Chavan, Advocate
For the Respondent:Advocate Ashutosh Kulkarni a/w. Advocate Akshay Kulkarni, Ms. Gauri Chavan, Respondent present in person.

JUDGMENT :

Rajesh S. Patil, J.

This Writ Petition is filed by the Husband, challenging the judgment and order dated 27 February 2024, passed by the Judge of the Family Court, Mumbai, thereby dismissing the husband application (exhibit-147) in Divorce Petition filed by the husband (exhibit-147) was filed by the husband seeking temporary custody of minor daughter aged 9 years now.

2. The Petitioner (husband) and the respondent (wife) got married on 18 February 2010. For the convenience, the Petitioner is referred as "Husband" and Respondent is referred as "wife". The husband is an I.T. profession and the wife is a doctor by profession. On 4 January 2015 daughter was born out of the wedlock of the petitioner and respondent.

3. On 7 December 2019 as per the case of wife, she was driven out of the matrimonial house and the custody of the daughter was not given to her. According to the husband, the wife on her own had left the matrimonial house.

4. A police complaint was lodged by the wife against the husband on 2 January 2020. Thereafter, as per the case of the wife, she and her father were assaulted by the husband, the minor daughter was snatched.

5. On 16 January 2020 the wife lodged F.I.R.