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Bombay High Court

ISHWARYA DAMODAR KAKULEversusPARAM SHANTARAM ZANZAL

Disposal
Disposed of

Holding

The Court held that the interim custody application must be heard expeditiously and granted temporary visitation rights to the mother, without staying the order.

Summary

The petitioner, a mother of a four‑year‑old child, filed a writ petition seeking an order that her interim custody application pending before the Judicial Magistrate First Class, Mapusa be heard expeditiously, along with visitation rights. She alleged that the respondent had denied her access to the child for eight months and that settlement talks had collapsed. The respondent contended that the High Court should not interfere with the pending DVA proceedings, argued there were no grounds to expedite the matter, and raised allegations of the petitioner's mental instability. The Court examined whether the High Court could direct an expedited hearing and grant interim visitation despite the pending lower‑court proceedings. Finding that the child’s welfare required regular contact with the mother and that no substantive evidence supported the respondent’s allegations, the Court ordered the lower court to decide the interim application promptly and directed temporary custody on specified days, disposing of the writ petition.

Issues considered

  • Whether the High Court can intervene to expedite the interim custody application pending before the Judicial Magistrate.
  • Whether the petitioner qualifies as an aggrieved person entitled to interim relief under the child‑welfare considerations.
  • Whether allegations of the petitioner's mental health affect the grant of interim custody.
  • Whether the Court may prescribe interim visitation and custody arrangements pending final determination.

Subjects

  • child custody
  • interim relief
  • family law
  • child welfare
  • visitation rights
  • expeditious hearing
  • domestic violence proceedings

Judgment

2026:BHC-GOA:1664                                                          Ishwarya Damodar Kakule.
                                                                                                  vs.
                                                                                     Param S. Zanzal.
                                              __________________________________________________
                                                                                    WPCR.322/2026



            Siddhi

                         IN THE HIGH COURT OF BOMBAY AT GOA.
                         CRIMINAL WRIT PETITON NO. 322 OF 2026


             ISHWARYA DAMODAR KAKULE                                   …PETITIONER

                       ~ VERSUS ~

              PARAM S. ZANZAL                                          …RESPONDENTS


             A PPEARANCES :


             For the Petitioner.               Ms. Vijeta Poulekar and Ms. Caroline
                                               Collasso.

             For the Respondent.               Ms. Ashwini Agni, Mr. Aadarsh Kothari
                                               (Through V.C.) and Ms. R. Bhatkar.


                                     CORAM : AMIT S. JAMSANDEKAR, J.
                            RESERVED ON : 07th August 2026.
                       PRONOUNCED ON : 18th August 2026


             ORDER

            1.       By the present petition, a mother of a four-year-old child is

                     seeking an order and direction that her application for interim

                     custody of her 4-year-old son be heard expeditiously. The interim

                     application has been made by the Petitioner in Case No.

                     DVA/23/2026 pending before the Judicial Magistrate, First Class B

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                                                               Ishwarya Damodar Kakule.
                                                                                      vs.
                                                                         Param S. Zanzal.
                                  __________________________________________________
                                                                        WPCR.322/2026



     Court (JMFC) at Mapusa, Goa. In the alternative, the Petitioner

     seeks daily visitation and weekend custody of the child.


2.   It is submitted that the Petitioner has not been given custody of the

     child for almost 8 months.


3.   The prayers are made by the Petitioner in the peculiar situation. The

     DVA proceedings are filed by the Petitioner on 13/05/2026. Prior

     thereto, admittedly, there were settlement talks between the

     Petitioner and the Respondent. A meeting was held on 23/05/2026

     to amicably resolve the disputes between the Petitioner and the

     Respondent. Pursuant thereto, on 23/05/2026, gold was exchanged,

     and the terms were agreed upon. However, it is submitted on behalf

     of the Petitioner that in the first week of June 2026, the settlement

     failed after the change of the Respondent’s lawyer.


4.   Thereafter, the Petitioner filed the custody petition on 15/06/2026.

     On 23/06/2026, the Respondent appeared in the proceedings.

     However, the Respondent did not file a reply in the proceedings

     before the learned JMFC. According to the Petitioner, the delay is

     being caused due to non-filing of the reply. It is submitted that just




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                                    August 18th 2026
                                                               Ishwarya Damodar Kakule.
                                                                                      vs.
                                                                         Param S. Zanzal.
                                  __________________________________________________
                                                                        WPCR.322/2026



     because the matter was adjourned and kept on 03/09/2026, there was

     no reason for the Respondent not to file a reply.


5.   The Petitioner has not met the child for more than 8 months, and the

     Respondent has not granted the Petitioner access to meet the child.

     It is submitted that she has occasionally seen him and met him for a

     while outside his school. After filing of the petition, on 06/08/2026,

     the Respondent has filed his reply in the DVA proceedings. However,

     till date he has not filed any reply to the interim application filed by

     the Petitioner. According to the Petitioner, non-filing of a reply to the

     interim application is causing delay.


6.   It is submitted on behalf of the Petitioner that the Respondent has

     intentionally not given access to the child. The child is systematically

     being kept away from the Petitioner by abusing the process of law.

     The Respondent has thrown away the Petitioner out of the

     matrimonial house.


7.   In support of the submission, the learned counsel for the Petitioner

     has relied upon the following judgments:- (i) Dr. Ambula Manoj v.

     Ambula Bhavana and Anr., Criminal Petition No. 4966 of 2009 (Andhra Pradesh

     High Court, decided on August 26, 2009); (ii)Anju Sharma v. State of



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                                    August 18th 2026
                                                             Ishwarya Damodar Kakule.
                                                                                    vs.
                                                                       Param S. Zanzal.
                                __________________________________________________
                                                                      WPCR.322/2026



     Haryana and Ors., 2024 Supreme(P&H) 543; (iii)Caarmen

     Mergulahao Vs. Alexander Mergulaho (Civil Revision Application

     No: 43/1997-High Court of Bombay at Goa), (iv)Gaurav Nagpal Vs.

     Sumedha Nagpal, (2009)1 SCC 42; (v) Mast. Atharva & Anr. Vs.

     State of Uttar Pradesh & Ors., 2020 SCC OnLine ALL 2033; (vi)

     Neelu Talotra Vs. State of Punjab & Ors., Criminal Writ Petition

     7646/2024; 2024 Supreme (P&H) 1210 (vii) Panchal Zalakben Vs.

     State of Gujrat, R/Special Criminal Application No. 12669 of 2021 (High

     Court of Gujarat). (viii) Rajni Vs. Sunit Chhabra, 2012 SCC ONLine

     P & H 3310; (ix) Rosy Jacob Vs. Jacob Chakramakkal (1973) 1

     SCC 840; (x) Roxann Sharma Vs. Arun Sharma, (2015) 8 SCC 318.;

     (xi) Senthil Kumar Vs. Sunitha, 2010 SCC OnLine Mad 5990; (xii)

     Karuppannan Vs. Sudhamathi, 1993 SCC OnLine Mad 175,

     Kaliappa Goundan Vs. Valliammal, 1949 SCC OnLine Mad 10 and

     (xiii) Veena Agarwal Vs. Prahlad Das Agarwal, 1975 SCC OnLine,

     MP 59.


8.   On the contrary, it is submitted on behalf of the Respondent that this

     Court cannot get into any aspect of the matter which is covered by

     the DVA proceedings and the interim application pending before the

     learned JMFC. It is submitted that this Court should not exercise any


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                                  August 18th 2026
                                                               Ishwarya Damodar Kakule.
                                                                                      vs.
                                                                         Param S. Zanzal.
                                  __________________________________________________
                                                                        WPCR.322/2026



     jurisdiction. It is further submitted that the Petitioner has not made

     out any ground for expediting the pending application before the

     JMFC and no priority should be given to the Petitioner when other

     matters are already pending before the learned JMFC. It is submitted

     that there are so many other matters where hearing is expedited and

     the learned JMFC is burdened with urgent and regular pending work

     in other matters. Therefore, this matter should not be expedited.


9.   In any case, it is submitted that the proceedings cannot be expedited

     only because the child is four years old. There are no grounds to

     expedite the hearing, and the DVA proceedings are without basis and

     frivolous. Further submission is that the child is in the sole custody

     of the father for more than eight months and he is taking care of the

     child since the birth of the child. It is also submitted that if the interim

     custody is given to the Petitioner now, then the sole custody

     application filed by the Respondent shall become infructuous. It is

     submitted that DVA proceedings are not maintainable solely in view

     of the fact that the Petitioner has not prima facie established that the

     Petitioner is an aggrieved person.


10. It is further submitted on behalf of the Respondent that the Petitioner

     is not mentally stable and is suffering from mental health issues.

                                     Page 5 of 10
                                    August 18th 2026
                                                               Ishwarya Damodar Kakule.
                                                                                      vs.
                                                                         Param S. Zanzal.
                                  __________________________________________________
                                                                        WPCR.322/2026



     Allegations are made by the Respondent in DVA proceedings filed

     by the Respondent. Even in the affidavit in reply in the present

     proceedings, allegations are made that the family members of the

     Petitioner have committed suicide and that fact was suppressed by

     the Petitioner from the Respondent. In view thereof, it is submitted

     that it is not safe to give the custody of the child to the Petitioner.

11. In view thereof, the submissions are made that the custody be given

     solely to the Respondent. In support, the Respondent has relied upon

     the following citations: (i) Selvaraj v. Revathi, 2023 INSC 1054

     (Supreme Court of India, decided on 6 December 2023). (ii) Tejaswini

     Gaud Vs. Shekhar Jagdish Prasad Tewari, AIR 2019, SC 2318.

12. However, the Petitioner has denied all the allegations made by the

     Respondent and, particularly, that the Petitioner has mental issues.

13. I have heard Ms. Poulekar for the Petitioner and Ms. Agni for the

     Respondent and have considered the record.


14. At this stage, I am not getting into the rival allegations in respect of

     the matrimonial disputes. I am concerned in these proceedings only

     with the expedited hearing of the Petitioner's interim application and

     the grant of interim relief in respect of visitation rights, etc.



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                                    August 18th 2026
                                                              Ishwarya Damodar Kakule.
                                                                                     vs.
                                                                        Param S. Zanzal.
                                 __________________________________________________
                                                                       WPCR.322/2026



15. It is admitted that the child is 4 years old, and the Petitioner has not

     had custody of the child for almost 8 months. The Respondent has

     retained sole custody of the child. Admittedly, settlement talks

     between the parties have failed. The Petitioner is the biological

     mother of the child. It is not in the welfare of the child that he has

     had no access to his biological mother for so long, particularly when

     the child is only four years old. The child should have access to his

     mother and the rights ought to be decided by the learned JMFC at

     the earliest. I do not find any substance in the submissions made on

     behalf of the Respondent that no priority should be given to the

     application of the Petitioner. At this stage, I am also not commenting

     on the allegation in respect of the mental health of the Petitioner

     because there is nothing on record except mere allegations. Further,

     there is nothing on record to establish that the Petitioner has harmed

     the child in the past. Admittedly, the Petitioner is the medical

     practitioner. Prima facie, I am satisfied that the Petitioner is delaying

     the proceedings to retain sole custody of the child.


16. Considering these facts, I am inclined to pass the following order.


          i)    The Respondent shall file his reply to the application

                (case No: DVA/23/2026) or any interim application

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                                   August 18th 2026
                                                     Ishwarya Damodar Kakule.
                                                                            vs.
                                                               Param S. Zanzal.
                        __________________________________________________
                                                              WPCR.322/2026



       therein within a period of one week from today.

       Rejoinder, if any, shall be filed by the Petitioner

       within a period of one week thereafter. No further

       time shall be granted to the Petitioner or the

       Respondent to complete pleadings for the purpose

       of the interim application;


ii)    The Judicial Magistrate First Class, 'B' Court at

       Mapusa, Goa is ordered and directed to decide the

       interim application filed by the Petitioner seeking

       custody of her child in case No: DVA/23/2026

       within a reasonable time;


iii)   No adjournment applications shall be made by the

       Petitioner or the Respondent;


iv)    The learned JMFC, after considering the record and

       submissions of the parties, shall pass appropriate

       orders on the interim application of the Petitioner;


v)     During the pendency of the hearing and final

       disposal of the interim application before the learned

       JMFC, the Respondent is ordered and directed to

                           Page 8 of 10
                          August 18th 2026
                                                              Ishwarya Damodar Kakule.
                                                                                     vs.
                                                                        Param S. Zanzal.
                                 __________________________________________________
                                                                       WPCR.322/2026



                give sole custody of the child to the Petitioner on

                every Thursday (beginning from 20.08.2026) at 4

                p.m. until Monday at 10 a.m. On every Monday, the

                Respondent shall pick up the child from the

                residence of the Petitioner at 10 a.m. and drop the

                child back at the residence on every Thursday at 4

                p.m.;


          vi)   Liberty to apply to the Petitioner if the directions in

                (v) above are not followed or breached by the

                Respondent.


17. The Petition is disposed of in the above terms.


18. Costs in the cause to be decided by the learned JMFC while disposing

     of the interim application of the Petitioner.




                                           [AMIT S. JAMSANDEKAR, J.]


                          ORDER CONTINUED


19. At this stage, the learned Advocate for Respondent seeks a stay of the

     order for a period of two weeks.

                                    Page 9 of 10
                                   August 18th 2026
                                                                                           Ishwarya Damodar Kakule.
                                                                                                                  vs.
                                                                                                     Param S. Zanzal.
                                                              __________________________________________________
                                                                                                    WPCR.322/2026



                        20. Considering that the Petitioner has not had custody of the child for

                                  the period of eight months, the request made by the learned counsel

                                  on behalf of the Respondent cannot be accepted.

                        21. Further, prima facie, I have arrived at a finding that the intention of the

                                  Respondent appears to be to retain custody of the child. The request

                                  made on behalf of the Respondent is, therefore, rejected.

                        22. This order will be digitally signed by the Private Secretary/Personal

                                  Assistant of this Court. All concerned will act on production by fax

                                  or email of a digitally signed copy of this order.




                                                                      [AMIT S. JAMSANDEKAR, J.]




                                                                 Page 10 of 10
Signed by: SHAKUNTALA ZALMI                                     August 18th 2026
Designation: Personal Assistant
Date: 19/08/2026 15:51:49


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