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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

                                                   ----
            Mr.Hemant Surve, Advocate for petitioner
            Mr.Pravin G. Patil, Advocate for respondent
                                                   ----

                                        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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