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
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