Bombay High Court
VINOD BABRUWAN HULSUREversusUDHAVRAO PANDURANG GAMBHIRE
- Disposal
- DISPOSED OFF
Holding
The High Court found no need for fresh directions and disposed of the writ petition, remitting the custody application to the trial court for fresh consideration with the minor’s consent.
Summary
The petitioner applied to the trial court for temporary custody of his minor daughter during a vacation period (10‑05‑2022 to 30‑05‑2022), but the application was rejected. He filed a writ petition challenging the rejection, and subsequently filed another application for temporary custody, which was also rejected. The petitioner earlier raised a similar issue in Writ Petition No. 6485 of 2023, which the High Court disposed of, directing the trial court to reconsider the application afresh and to obtain the minor’s consent. In the present petition, the Court held that no further directions were required and therefore disposed of the writ petition. The matter is to be decided anew by the trial court with the minor’s consent.
Issues considered
- What is the appropriate procedure for granting temporary custody of a minor during a vacation period?
- Whether the trial court’s rejection of the petitioner’s application can be reviewed by a writ petition.
- Whether the High Court should issue fresh directions or merely remit the matter to the trial court.
Subjects
- temporary custody
- minor
- writ petition
- family law
- custody dispute
Judgment
2026:BHC-AUG:42812-DB
WP.6614.2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 6614 OF 2022
Vinod Babruwan Hulsure
VERSUS
The State Of Maharashtra Through The District Collector And Another
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Mr.Hemant Surve, Advocate for petitioner
Mr.Pravin G. Patil, Advocate for respondent
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CORAM : AJIT B. KADETHANKAR, J.
DATE : SEPTEMBER 15, 2026
ORDER :-
An application Exh.20 was filed by the petitioner before
the trial court seeking temporary custody of the minor daughter for the
period from 10.05.2022 to 30.05.2022 (during vacation). Said
application came to be rejected by the trial court vide impugned order
dated 09.05.2022. Feeling aggrieved thereby the petitioner has filed
present petition.
2. The petitioner has also filed successive application at
Exh.51 before the trial court seeking temporary custody. Said
application was also rejected. The petitioner challenged the said order
in this court vide Writ Petition No.6485 of 2023. After hearing the
parties, this court disposed of that Writ Petition and relegated the
matter back to the trial court for deciding the said application afresh
and by seeking the consent of the minor daughter.
2 WP.6614.2022
3. In view of the above, no separate directions need to be
issued in the present Writ Petition. The Writ Petition stands disposed
of
[AJIT B. KADETHANKAR, J.]
………..
KBP
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