Bombay High Court
SNEHAL DURGADAS DHASversusASHOK VISHNU KAITAKE
- Decided
- Disposal
- Disposed Off
Holding
The Court ordered the correction of paragraph (2) of the order to reflect the petitioner’s withdrawal and liberty to file a separate custody application.
Summary
The petitioner, Snehal Durgadas Dhas, filed a writ petition seeking to withdraw the petition filed under Section 11 of the Hindu Marriage Act, 1955, and to obtain liberty to file a separate application for custody of a minor child who has been residing with the petitioner for eight years. The trial judge had allowed the petition under Section 11 but did not pass any order regarding custody, leading the petitioner to file a review application which was dismissed on maintainability grounds. The petitioner’s counsel submitted a praecipe requesting minor corrections to paragraph (2) of the order dated 3 September 2026 to reflect the withdrawal and the intention to file a separate custody application. The High Court considered whether such a correction could be made to the minutes of order. The Court permitted the correction, directing that paragraph (2) be amended as requested, thereby allowing the petitioner to withdraw the original petition and pursue a separate custody application.
Issues considered
- Whether the minutes of order dated 3 September 2026 can be corrected to reflect the petitioner’s withdrawal and intention to file a separate custody application
Legislation cited
- Hindu Marriage Act, 1955 — s. 11
Subjects
- Family Law
- Custody of Minor Child
- Hindu Marriage Act
- Section 11
- Correction of Order
- Writ Petition
Judgment
503-wp-6207-2026(c).doc
Shubhada S Kadam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 6207 OF 2026
Snehal Durgadas Dhas … Petitioner
VERSUS
Ashok Vishnu Kaitake … Respondent
_________________________________________________________________
Mr. Shubhankar A. Kulkarni, Advocate for Petitioner.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 11th SEPTEMBER, 2026.
P.C. :
1. The above matter is moved by learned counsel for petitioner by
way of praecipe for speaking to the minutes of order dated 3rd September,
2026.
2. Learned counsel for the applicant submitted that there are some
minor corrections (marked in bold) in paragraph (2) of the said order and,
hence, requested to correct the said paragraph as under:
“2. The learned counsel for the Petitioner, on instructions,
seeks leave to withdraw the Petition with liberty to file
separate Application for continuation of custody of the
minor child. The learned counsel further submitted that
the Petitioner had filed Petition u/s 11 of Hindu Marriage
SHUBHADA Act, 1955 and in the said Petition also prayer was made
SHANKAR
KADAM for continuation of custody of the minor child but learned
Digitally signed by Judge allowed the Petition u/s 11 of Hindu Marriage Act,
SHUBHADA
SHANKAR KADAM
Date: 2026.09.16
14:00:52 +0530
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503-wp-6207-2026(c).doc
Shubhada S Kadam
1955 and did not pass order regarding custody of the
minor child. The minor child stays with the Petitioner for
last eight years. The learned counsel further submitted
that Review Application was filed by the Petitioner but it
was rejected on the ground of maintainability as the
learned Judge has not passed order in respect of the
custody of the minor child, permission be given to the
Petitioner to file separate custody Application in respect of
the minor and direction be given to decide said
Application as early as possible.”
3. In view of above, paragraph (2) of the order dated
3rd September, 2026, be corrected accordingly.
(SHIVKUMAR DIGE, J.)
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