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Bombay High Court

PUNEETA AGRAWAL (PUNEETA SHARMA)versusRAVI AGRAWAL

Decided
Disposal
Disposed Off

Holding

Condition No.7 imposed by the Family Court restricting removal of the child is quashed and set aside.

Summary

The petitioner, Puneeta Agrawal, filed a civil writ petition challenging Condition No.7 imposed by the Family Court, Mumbai, which prohibited both parties from removing their child from the court's jurisdiction or traveling abroad without prior permission. The respondent, Ravi Agrawal, contested the order, seeking its quash. The High Court examined the validity of the restriction on the child's movement. Justice Shivkumar Dige held that the condition was not legally sustainable and ordered it to be set aside. Consequently, the petition was partly allowed, the condition was quashed, and the writ petition was disposed.

Issues considered

  • Whether Condition No.7 restricting removal of the child from the jurisdiction of the Family Court or travel abroad without permission is valid and enforceable.

Subjects

  • Family Law
  • Child Custody
  • Jurisdiction
  • Removal of Child
  • Family Court Order
  • Writ Petition

Judgment

                                                                                  2-WP-9005-2023 (C).doc


                      S.S.Kilaje


                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIVIL APPELLATE JURISDICTION

                                            CIVIL WRIT PETITION NO. 9005 OF 2023

                            Puneeta Agrawal (Puneeta Sharma)                        ...Petitioner

                            VERSUS

                            Ravi Agrawal                                     ...Respondent
                            _________________________________________________________________

         Digitally
         signed by
                            Advocate Aseem Naphade a/w. Ms. Vilasini Balasubramanian, for
SONALI   SONALI

SATISH
KILAJE
         SATISH
         KILAJE
         Date:
         2026.08.24
         10:58:53
                            Petitioner.
         +0530

                            Ms. Pushpa Ganediwala a/w. Anshu Agrawal, Mr. Bhushan Shinde and Mr.
                            Pradyumna Agrawwal i/b. Pushpa Ganediwala & Co., for Respondent.
                            Advocate Aloka A. Nadkarni, AGP for the State.
                            _________________________________________________________________

                                                                CORAM       :   SHIVKUMAR DIGE, J.
                                                                DATE        :   20th AUGUST, 2026.
                            P.C. :

                            1.         Heard learned counsel for the petitioner, learned counsel for

                            the respondent and learned AGP.

                            2.         The challenge in this Petition is to the Condition No.7 imposed

                            by the learned Family Judge, Mumbai, below Exhibit-18 i.e. “Neither

                            petitioner nor respondent shall remove the child out of jurisdiction of

                            Family Court or go abroad without prior permission of Family Court”.

                            3.         Learned counsel for the respondent submits that the impugned

                            order may be quashed.

                            4.         On the statement of learned counsel for the respondent, learned

                            counsel for the petitioner submits that appropriate order be passed.

                                                            Page 1 of 2
                                                                2-WP-9005-2023 (C).doc


S.S.Kilaje


      5.         Considering the submissions of both the learned counsel, I pass

      following order :

                                           ORDER

                  (i)     Petition is partly allowed.

                  (ii)    Condition No.7 imposed by the learned Family Court,

                          Mumbai, by order dated 15.07.2023 that “Neither

                          petitioner nor respondent shall remove the child out of

                          jurisdiction of Family Court or go abroad without prior

                          permission of Family Court” is hereby quashed and set

                          aside.

      6.         Writ Petition is disposed of.



                                                        (SHIVKUMAR DIGE, J.)




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