Whether father can be granted overnight access of three and half year child?

Looking to the age

of the child as 3.1/2 years, it is not desirable to have overnight
access of the child to be given for the period of ten days. There is
already a workable arrangement operating in the matter with the
consent of the parties to have interim access to the child. There
was no reason to have passed such an order of granting overnight
access for the period of ten days that too in respect of the child
aged about 3.1/2 years. 
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION (ST) NO. 30837 OF 2015
Komal Sanghvi … Petitioner
Versus
Falgesh Sanghvi … Respondent

CORAM : V.L.ACHLIYA, J.
(VACATION COURT)
DATED : NOVEMBMER 09, 2015



Not on Board. Mentioned.
2. Heard the learned counsel for the petitioner/wife and
respondent/husband present in person.
3. By this petition, the petitioner has challenged the order
dated 6th November, 2015 passed by the Family Court, Mumbai
granting overnight access to custody of child aged 3.1/2 years to
respondent for the period of ten days from 9th November, 2015 to
19th November, 2015.

4. Perusal of the record reflects that there is an order passed in
terms of the consent terms filed for grant of interim access signed
by the petitioner and respondent. As per the arrangement worked
out mutually, the respondent/husband was allowed to have interim
access to his daughter Tanvi on first, second and third Sundays
from 4.00 pm to 7.00 pm at Raghuleela Mall, Kandivali (West) till
the disposal of the petition pending before the Family Court.
5. On 21st October, 2015 an application came to be filed
on behalf of the respondent/husband seeking overnight access of
the child in the Diwali Vacation from 10 am on 9/11/2015 to 8 pm
on 19/11/2015. A notice was issued to the petitioner/wife calling
upon her to respond to the application on 5.11.2015. It appears
that on 3rd November, 2015, the respondent/husband moved an
application to take up the matter for hearing on board. The
respondent/wife opposed the application. By an order dated 6th
November, 2015, the learned Judge has ordered to grant the
overnight access of minor child Tanvi aged about 3.1/2 years to
respondent/husband for the period of ten days from 9/11/2015 till
19/11/2015.
6. On consideration of the submissions advanced, I am of the
view that the arguable case has been made out in the petition to
consider the correctness of the impugned order. Looking to the age

of the child as 3.1/2 years, it is not desirable to have overnight
access of the child to be given for the period of ten days. There is
already a workable arrangement operating in the matter with the
consent of the parties to have interim access to the child. There
was no reason to have passed such an order of granting overnight
access for the period of ten days that too in respect of the child
aged about 3.1/2 years. I, am therefore, inclined to pass the
following order :
O R D E R
(a) There shall be ad interim order in terms of prayer clause
(b) till 16th November, 2015.
(b) List the petition before the concerned court on 16th
November, 2015 under the caption of “hearing of an application for
interim relief”.
(c ) It is clarified that the order already operating in the
matter as regards interim custody passed with the consent of the
parties to remain in force.
 (V.L.ACHLIYA, J.)

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