Advocates:
['PRAVIN S SHEWARE IN PERSON', '', 'FILED IN COURT', 'RAJAT KUMAR MAHESHWARI', 'ABHIJEET ARUNRAO SAMBARAY', '', 'FOR/R-SOLE']

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J207fca45.17with44.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

FAMILY COURT APPEAL NO. 44 OF 2018

WITH

FAMILY COURT APPEAL NO. 45 OF 2017

FAMILY COURT APPEAL NO. 44 OF 2018

Shri Pravin s/o Shripatrao Sheware

Aged about 45 years, Occ. - Service,

R/o. 199, Pandey Layout, Khamla,

Nagpur

…. APPELLANT

VERSUS

Smt. Alka D/o Namdeo Khedkar

Aged about 42 years, Occ. Service,

R/o J.B. Nagar/District Mining

Collector of Chandrapur

Chandrapur

...RESPONDENT

WITH

FAMILY COURT APPEAL NO. 45 OF 2017

Pravin Shirpatrao Sheware

Aged about 39 years, Occ. - Service,

R/o. 199, Pandey Layout, Khamla,

Nagpur

…. APPELLANT

VERSUS

Alka Pravin Sheware,

Aged about 39 years, Occ. Service,

R/o 76, Khanji Bhavan, St. Dy. Director of

Geology And Mining, Cement Road,

Shivaji Nagar, Nagpur

...RESPONDENT

___________________________________________________________

Shri R.K. Maheshwari, Advocate for the appellant.

Shri Abhay Sambre, Advocate for the respondent.

___________________________________________________________

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J207fca45.17with44.18.odt

CORAM

:A.S. CHANDURKAR AND

PUSHPA V. GANEDIWALA, JJ.

DATED :MARCH 09, 2021.

JUDGMENT (Per Pushpa V. Ganediwala, J.) :

Heard Shri R.K. Maheshwari, learned counsel for

the appellant and Shri Abhay Sambre, learned counsel for the

respondent.

2.

These are the appellant/husband’

s appeal under

Section 19 of the Family Courts Act, 1984 against the orders

passed by the Family Court, Nagpur in his petitions for

custody/access of minor daughter Bhumika aged about 15

years (DOB is 23/03/2006).

3.

The Family Court Appeal No. 44/2018 is directed

against the order dated 24/10/2016 passed in the petition No.

D-13/2016 by which the petition is dismissed on the ground of

want of territorial jurisdiction and want of fresh cause of

action. The review against the same order also came to be

dismissed vide order dated 04/11/2017 in M.J.C. No. 14/2017.

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J207fca45.17with44.18.odt

4.

The Family Court Appeal No. 45/2017 is directed

against the order dated 24/05/2017 in M.C.A. No. 11/2016 by

which the Family Court, Nagpur rejected the husband’

s prayer

for granting visitation rights for the daughter – Bhumika, in the

paramount welfare of the child and directed the parties to

resolve the issue of access to their minor daughter through the

process of Mediation.

5.

Facts in brief, the marriage between the parties was

solemnized on 19/06/2005 and the same got dissolved by a

decree of divorce by mutual consent in Petition No.

A-473/2011. Out of this wedlock they are blessed with one

daughter Ku. Bhumika, presently in the custody of respondent/

mother.

6.

The appellant/husband had filed a petition No.

D-13/2016 under Section 6 of the Guardians and Wards Act,

1890 for the custody of minor daughter Bhumika. Prior to

filing of this petition, the appellant/husband had filed one

more petition for custody i.e. petition No. D-27/2012 which

was dismissed on 29/08/2013. The appeal against the said

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J207fca45.17with44.18.odt

decree bearing First Appeal No. 283/2014 also came to be

dismissed on 15/04/2015. On new cause of action, the

appellant/husband filed a petition No. D-13/2016. In the

meantime, the appellant/husband also filed a Writ Petition No.

6117/2015 for access of the minor daughter Bhumika, which

came to be dismissed by this court by an order dated

21/03/2016.

7.

There was an issue of maintainability in petition

No. 13/2016 before the trial Court. The trial Court has

recorded a negative finding with regard to maintainability of

the petition on the ground that the appellant/husband has

failed to show a fresh cause of action for filing this petition.

The learned Family Court also observed that as during the

pendency of the petition, the respondent/wife transferred to

Chandrapur and the minor is in her custody, therefore, the

Family Court is seized to have territorial jurisdiction from

23/06/2016, the date she has shifted to Chandrapur.

Ultimately, the Family Court dismissed the petition for want o