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Court allowed a woman who obtained employment in the US to bring her minor child with her, but with the dissuasive stipulation that failure to allow the child's father visitation rights in India may result in her losing her 50% ownership interest in a posh Pune flat to the child's father
The Bombay High Court recently granted permission to a woman who secured employment in the United States to take her underage daughter with her. However, the court imposed a deterrent condition to ensure that the child's father in India is granted access to their daughter. Failure to comply with the access orders may result in the mother losing her 50% share in a posh Pune flat to the father, court ordered.
The case involves a couple who had been married for two decades and mutually consented to a divorce in 2020. Disputes arose when a Pune court granted custody of the child to the mother but allowed regular access to the father. Over the last three years, both parties filed multiple petitions, including a contempt plea by the husband against the wife for repeatedly violating child access orders. Criminal cases against each other were also initiated but eventually withdrawn.
A bench of Justices BP Colabawalla and MM Sathaye intervened to mediate, leading to a settlement between the warring couple, who filed consent terms on September 4. According to the consent terms, the father will have at least four days of virtual access, with each session lasting 15 minutes, and a month-long physical visit with the daughter during her school vacation in Pune.
However, concerns were raised by the father's lawyer regarding the enforceability of the access provisions, especially given that the mother would be residing in the US, beyond the jurisdiction of the Bombay High Court. In response, the judges acknowledged the potential issues and stated that if the mother willfully violated the access orders, the father would be free to file contempt proceedings against her.
The court specified that if the mother is held in civil contempt, she may be required to release her 50% share in a Pune apartment to the father. In case she fails to do so, the court can appoint a court commissioner to ensure the transfer of her share to the father. Additionally, the father may forward the contempt order, if passed, to relevant authorities for further action. These measures were designed to safeguard the father's rights in the event of any contempt committed by the mother.
As part of the settlement, both parties withdrew their respective contempt petitions against each other, marking a resolution to their long-standing disputes.
Case Title: Pooja Shantanu Pashankar @ Pooja Thadani Vs. Shantanu Dhananjay Pashankar
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