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Bombay High Court

JISHA NIKHIL KATARIYA PRATAP GOPALDAS TALREJAversusNIKHIL PREM KATARIYA

Disposal
DISPOSED OFF

Holding

The Family Court’s order under section 26 of the Hindu Marriage Act is lawful and cannot be set aside; the writ petition is dismissed.

Summary

The petitioner‑mother filed a writ petition challenging a Family Court order dated 9‑December‑2025 that, under section 26 of the Hindu Marriage Act, directed her to allow supervisory visitation for the father‑respondent on the first and third Saturdays of each month. The parties were involved in parallel divorce and maintenance proceedings, and the mother had initially consented to the visitation schedule but later withdrew consent, demanding co‑habitation before allowing access. The High Court examined whether the Family Court had jurisdiction and whether the order was illegal or violative of any right. It held that the Family Court acted within its powers under section 26 and that no jurisdictional or legal error warranted interference. Consequently, the writ petition was rejected and the order upheld.

Issues considered

  • Whether the Family Court had jurisdiction to direct supervisory visitation under section 26 of the Hindu Marriage Act.
  • Whether the order granting limited visitation rights to the father is illegal or violative of any statutory or constitutional provision.
  • Whether the High Court should interfere with the Family Court's visitation order in a writ petition.

Legislation cited

Subjects

  • visitation rights
  • custody
  • family law
  • Hindu Marriage Act
  • section 26
  • writ petition
  • child access

Judgment

2026:BHC-AUG:10792


                                                     1                       wp 1437.26.odt

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        BENCH AT AURANGABAD

                                   72 WRIT PETITION NO.1437 OF 2026

                               Jisha Nikhil Katariya Pratap Gopaldas Talreja
                                                  VERSUS
                                            Nikhil Prem Katariya
                                                      ...
                             Advocate for Petitioner : Mr. M.G. Patil
                             Advocate for Respondent: Mr.A.D. Sonar h/f D.D Pande
                                                      ...

                                           CORAM : S. G. CHAPALGAONKAR, J.
                                           Dated      : March 09, 2026

                     PER COURT :-

                     1.      Present writ petition takes exception to the order dated

                     9.12.2025 passed by the learned Family Court, Jalgaon below

                     Exhibit nos.16, 18, 23, and 24 in petition no.A-180 of 2024.


                     2.      It appears that various matrimonial proceedings are

                     pending between parties before the Family Court. Husband

                     had filed proceeding for divorce. Wife had filed proceeding for

                     maintenance.

                     3.      Parties were relegated to Marriage Counselor on the

                     point    of   visitation   rights/access   to   the   non-custodian

                     parent/father.     Accordingly, on 21.10.2024 consensus was

                     arrived at between parties and custodian parent-mother had

                     agreed for access of son to father on first and third Saturday of
                               2                        wp 1437.26.odt

every month between 3.00 to 5.00 pm. in the children

complex.      It   appears     that     subsequently,      custodian

parent/mother retracted her consent.         Now, she is putting

condition that she should be permitted to resume co-

habitation, otherwise, she is not ready to give access of child to

the father.


4.      In these contingencies, Family Court in exercise of

powers under section 26 of the Hindu Marriage act passed

impugned order directing petitioner-mother to give supervisory

access of child to the non-custodian parent/father in children

complex on first and third working Saturday of every month

between 3 to 5 pm.

5.      A father is natural guardian of a child, who is hardly 3

years. At this stage, it would benefit child if both the parents

have access with him. Now, custody of child is with mother.

Father is also entitled for visitation rights or at least access to

the child. The impugned order gives limited access of child

with respondent/father. No illegality or jurisdictional error can

be found in impugned order to interfere under writ jurisdiction

of this Court. In result, writ petition stands rejected.


                                   ( S. G. CHAPALGAONKAR, J. )
AAA/-                              ….


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