Bombay High Court
PRAJWAL PRAKASH MHATREversusSHITAL PRAJWAL MHATRE
- Decided
- Disposal
- Disposed Off
Holding
The interim application is disposed, confirming that the father may exercise access every Sunday from 10 a.m. to 5 p.m.
Summary
The High Court allowed the father, Prajwal Prakash Mhatre, access to his minor son on 9 August 2026, directing the mother, Shital Prajwal Mhatre, to permit pick‑up at 10 a.m. and drop‑off at 5 p.m. The mother later produced CCTV footage showing the father entering the building, signing the register, taking photographs and leaving without meeting the child. The father contested the footage’s evidentiary value, arguing it was not conclusive proof of non‑compliance. The Court noted that while the footage may not be conclusive, it prima facie indicated the father did not avail the access. The Court reiterated the earlier order that the father may exercise access every Sunday between 10 a.m. and 5 p.m. and consequently disposed of the interim application.
Issues considered
- Whether the CCTV footage constitutes conclusive proof that the father failed to comply with the interim access order
- Whether the interim order granting access should be modified or affirmed in view of the alleged non‑compliance
Subjects
- family law
- child access
- interim relief
- compliance
- CCTV evidence
- parental rights
Judgment
Digitally
signed by
RUSHIKESH
RUSHIKESH VISHNU
VISHNU PATIL
PATIL Date:
2026.08.29
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17:11:11
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 5927 OF 2026
IN
FAMILY COURT APPEAL NO. 37 OF 2025
Prajwal Prakash Mhatre .. Applicant
Versus
Shital Prajwal Mhatre .. Respondent
WITH
INTERIM APPLICATION (STAMP) NO. 25361 OF 2024
IN
FAMILY COURT APPEAL NO. 37 OF 2025
Shital Prajwal Mhatre .. Applicant
Versus
Prajwal Prakash Mhatre .. Respondent
…
Mr. Vikrant Khare a/w Mr. Ganesh Pandit, for the Applicant-
Husband.
Mr. Ranjeet V. Sangle i/by Mr. Hitesh B. Sangle a/w Gauri
Ghuge and Ms Shreya Sivaramakrishnan, for the Respondent-
Wife.
...
CORAM : BHARATI DANGRE &
ASHISH S. CHAVAN, JJ.
DATED : 28th AUGUST, 2026
P.C:-
1. By order dated 07.08.2026, we permitted the Applicant-
Rushikesh
2/3 902 IA.5927.2026.doc
father to avail access on 09.08.2026, and we directed the
Respondent-wife to allow the access. The Applicant was
permitted to pick up the child at 10:00 a.m. from the residence
of the Respondent and drop him back at 05:00 p.m. without
creating any ruckus.
2. Today, when we have kept the matter for ensuring
compliance, the learned counsel appearing for the Respondent-
wife has placed before us footage from the CCTV Camera
annexed to the office of the building, which reflects that the
Applicant-father entered the office, made an entry in the
register, clicked pictures and immediately left the premises
without availing access. The learned counsel for the
Applicant-father was also confronted with the said CCTV
footage and, according to him, it cannot be conclusive proof of
the fact that the access was not available.
We can only clarify that it may not be conclusive proof ,
but prima facie, it demonstrates the behaviour of the
Applicant-father in making an entry and exiting the colony
without availing access.
We say nothing more on the conduct, as it is self-
speaking.
3. On 07.03.2025, the statement made on behalf of the
Respondent-wife was recorded to the effect that she is ready
and willing to give access to the minor son to the Applicant-
father and, therefore, access was permitted to be availed on
every Sunday between 10:00 a.m. and 05:00 p.m.
By keeping this option open to the Applicant-father to
avail access on every Sunday between 10:00 a.m. to 05:00
Rushikesh
3/3 902 IA.5927.2026.doc
p.m., by picking up the child from the society and returning
back him at 05:00 p.m., we deem it appropriate to dispose of
the Interim Application.
Accordingly, Interim Application No. 5927 of 2026
stands disposed of.
(ASHISH S. CHAVAN, J.) (BHARATI DANGRE, J.)
Rushikesh
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