Created by Fuzzy Cloud

Bombay High Court

AARTI ALIAS NALINI SUKHDEV SALVEversusTHE PRINCIPAL GOOD SHEPHERD ACADEMY AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court dismissed the writ petition, refusing to order the petitioner to hand over the leaving certificate as it would breach the terms of the divorce decree.

Summary

The petitioner, Aarti Salve, filed a writ petition seeking a direction to the school (Respondent No.1) to hand over her minor daughter Avantika's leaving certificate. The background is a mutual‑consent divorce decree from the Family Court, Dhule, which awarded custody of the daughter to the husband (Respondent No.3) and placed her in Respondent No.1's school, with the understanding that she would remain with the father after her school examinations. The petitioner, however, took the child with her during a visitation, prompting the husband to obtain a search warrant and produce the child before a Judicial Magistrate, who recorded that the child preferred to stay with her mother and refused to return her to the father. The High Court noted that the relief sought would contravene the terms of the divorce decree and the custody arrangement already agreed upon by the parties. Consequently, the Court declined to grant the petition and dismissed the writ. The accompanying civil application was also disposed of.

Issues considered

  • Whether the petitioner can be compelled to hand over the daughter's leaving certificate in violation of the custody terms of the mutual‑consent divorce decree.
  • Whether the court can set aside the custody arrangement agreed by the parties based on the child's expressed preference before a magistrate.
  • Whether the writ petition is maintainable when it seeks relief contrary to the terms of a family court decree.

Subjects

  • family law
  • divorce by mutual consent
  • child custody
  • leaving certificate
  • writ petition
  • breach of decree
  • child's preference
  • enforcement of family court order

Judgment

2026:BHC-AUG:30501-DB


                                                      {1}                   wp10901-25.doc
                 drp
                         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                    BENCH AT AURANGABAD

                                WRIT PETITION NO.10901 OF 2025
                                              WITH
                               CIVIL APPLICATION NO. 5930 OF 2026

                 Aarti Alias Nalini Sukhdev Salve                           PETITIONER

                        VERSUS

                 The Principal Good Shepherd Academy & Another RESPONDENTS

                                                .......
                 Mr. Chetan B. Chaudhari, Advocate for the Petitioner
                 Mr. N. S. Tekale, AGP for Respondent - State
                 Mr. D. A. Naik, Advocate for Respondent No.1
                 Mr. S. D. Kotkar, Advocate for Respondent No.3
                                                ....…

                              [CORAM : NITIN B. SURYAWANSHI, &
                                       ABASAHEB D. SHINDE, J. J.]

                                       DATE : 22nd JULY, 2026

                 ORDER :

                 1.     By   this   Petition,   the    Petitioner   seeks   direction   to

                 Respondent No.1 to hand over leaving certificate of her minor

                 daughter Avantika Vijay Sonawane to the Petitioner.


                 2.     Admitted position on record is that, divorce decree by

                 mutual consent is passed by the Family Court, Dhule in respect

                 of Petitioner and Respondent No.3. In the order passed by the

                 Family Court, terms and conditions agreed upon by the Petitioner

                 and Respondent No.3 are reproduced. As per the agreed terms,
                                {2}                   wp10901-25.doc

son was to reside with the Petitioner – wife and the daughter

with Respondent No.3 – husband. It was agreed that after the

school examination of the daughter is over, she would be

reached to the husband.


3.    It appears that the Petitioner does not want to follow the

said terms and conditions. Though, as per the terms of the

decree, custody of the daughter was handed over to the husband

and the daughter was admitted in Respondent No.1 school, at

the time of exercising visiting right, the Petitioner-wife has taken

the daughter along with her. Therefore, Respondent No.3 was

constrained to file proceedings seeking search warrant. In the

said proceedings, the daughter was produced before learned

Judicial Magistrate First Class. Learned Judicial Magistrate First

Class recorded in the order that the child is willing to stay with

her mother. Therefore, he refused to hand over custody of the

child to Respondent No.3.


4.    Taking into consideration the above facts and as the relief

claimed in the present petition is against the terms and

conditions agreed upon by the husband and wife, we are not

inclined to grant the relief. The Writ Petition is, therefore,

dismissed.
                                   {3}              wp10901-25.doc

5.    In view of dismissal of the Writ Petition, the Civil

Application is also disposed of.



[ ABASAHEB D. SHINDE ]                   [ NITIN B. SURYAWANSHI ]
         JUDGE                                      JUDGE

drp/wp10901-25.doc


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.