Bombay High Court
SUNIL TATHU MALIversusRASHMI SUNIL MALI
- Decided
- Disposal
- Disposed Off
Holding
The court held that the trial court must schedule the hearing on a Saturday and ensure a lady staff or constable is present during the child's meeting with the petitioner.
Summary
The petitioner, Sunil Tathu Mali, filed a writ petition seeking access to his daughter and requested that the trial court schedule the matter on a Saturday. Both parties agreed that the respondent, Rashmi Sunil Mali, would allow the petitioner access to the child as per the trial court's earlier order. The parties also requested that a lady staff member or constable be present during any meeting between the daughter and the petitioner. The High Court, after hearing counsel and reviewing the minutes of order, directed the trial court to keep the hearing on a Saturday and to ensure a lady staff or constable is present during the child's meeting with the petitioner. The court further directed the trial court to dispose of the pending proceedings promptly. Accordingly, the petition was disposed and all pending applications were dismissed.
Issues considered
- Whether the trial court should schedule the hearing on a Saturday as requested by the parties.
- Whether a lady staff member or constable should be present during the meeting between the child and the petitioner.
Subjects
- child custody
- access to child
- family law
- procedural direction
- court scheduling
- protective measures
Judgment
90-WP-463-2026 (C).doc
N.S.Kamble
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 463 OF 2026
Sunil Tathu Mali ...Petitioner
VERSUS
Rashmi Sunil Mali ...Respondent
Digitally signed _________________________________________________________________
NILAM by NILAM
SANTOSH
SANTOSH KAMBLE
KAMBLE Date: 2026.10.07
11:36:05 +0530
Mr.Jayesh Gawde, for the Petitioner.
Mr.Rohit P. Karhadkar, for the Respondent.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 06th OCTOBER 2026
P.C. :
. Heard learned counsel for the Petitioner and learned counsel for
the Respondent.
2. Both learned counsel tendered minutes of order. It is taken on
record and marked ‘x’ for identification.
3. Both learned counsel submit that Respondent is ready to give
access of the child to the Petitioner as per order of the learned Trial Court.
The learned counsel further submits that direction be given to the Trial
Court to keep the dates of matter on Saturday.
4. Considering the submissions of the both learned counsel, the
Trial Court is requested to keep the matter on Saturday.
5. Both learned counsel shall make the same request before the
Trial Court for keeping the matter on Saturday.
Page 1 of 2
90-WP-463-2026 (C).doc
N.S.Kamble
6. The learned counsel further submitted that at the time of the
meeting daughter with the Petitioner a lady staff or a lady constable be
remain present.
7. The Trial Court shall consider this fact and appoint lady staff or
lady constable to remain present at the time of the meeting between
daughter and the Petitioner. The learned Trial Court is directed to dispose
of the pending proceeding as early as possible.
8. In view of the minutes of order and submissions of both learned
counsel, Petition is disposed of accordingly.
9. All pending Applications are disposed of.
(SHIVKUMAR DIGE, J.)
Page 2 of 2
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