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Bombay High Court

SNEHASIS RASHBIHARI BATABYALversusDOLEN ACHARYA

Decided
Disposal
Partly Allowed

Holding

The court held that the stay of the direction granting the father access to the child was not warranted.

Summary

The mother, Dolen Acharya, filed a writ petition seeking a stay of the court’s earlier direction that granted the father access to their child. She claimed to have informed the father’s counsel by email of her concerns. The court considered whether the stay should be granted. After reviewing the reasons recorded in the earlier judgment, the court found no merit to the request. Consequently, the prayer for a stay was rejected. The order was pronounced on 1 September 2026 by Justice Gauri Godse.

Issues considered

  • Whether the mother is entitled to a stay of the direction granting the father access to the child

Subjects

  • stay of order
  • child custody
  • access to child
  • family law
  • writ petition

Judgment

                                                                                1-WP-14746-2024.docx


             rrpillai               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION
                                           WRIT PETITION NO. 14746 OF 2024
                                                        WITH
                                        INTERIM APPLICATION NO. 14317 OF 2024
                                                        WITH
                                         CONTEMPT PETITION NO. 474 OF 2025
                              Snehasis Rashbihari Batabyal              …       Petitioners
                                    Vs.
                              Dolen Acharya                             …       Respondent
                                                          WITH
                                              WRIT PETITION NO. 7796 OF 2025
                                                          WITH
                                          INTERIM APPLICATION NO. 9137 OF 2025
                                           INTERIM APPLICATION NO. 236 OF 2026
                                                          WITH
                                           WRIT PETITION (ST) NO. 18398 OF 2026
                              Dolen Acharya                             …       Petitioner
                                    Vs.
                              Snehasis Rashbihar Batabyal               …       Respondent

                              Ms.    Dolen Acharya     for   the   Petitioner   –   mother     in
                              WP/7796/2025 and for Respondent in WP/14746/2025.

                                                      CORAM : GAURI GODSE, J.
                                                      DATE :       1st SEPTEMBER 2026

                              ORDER :

                              1.     After the judgment is pronounced, the mother has

                              mentioned the matter in the second session. She submits

                              that she has intimated the learned advocate for the father by

                              email about this mentioning. She seeks stay of the directions
           Digitally signed
           by
RAJESHWARI RAJESHWARI
           RAMESH             issued to grant access to the father to meet the child.
RAMESH     PILLAI
PILLAI     Date:
           2026.09.01
           20:02:31 +0530
                                                             1/2
                                          1-WP-14746-2024.docx


2.    For the reasons recorded by me in the judgment, the

prayer for stay is rejected.




                                      [GAURI GODSE, J.]




                               2/2


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