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Judgment
A.P. Lavande, J.
The applicant seeks stay of judgment and order dated 25/09/2008 passed by Civil Judge, Senior Division, Panaji in Matrimonial Petition No. 16/04/B, in so far as it allows the respondent to receive the minor children every Saturday and to bring them back on every Sunday. I have heard Ms. Agni, learned Counsel for the applicant and Mr. M.B. Da Costa, learned Senior Counsel for the respondent.
Having considered the submissions made by learned Counsel for the parties and considering the interest of minor children Praharsh @ Yash Kamat and Priyanka (hereinafter referred to as ''the minor children''), I pass the following order; The custody of the minor children will be with the appellant and the impugned order is stayed subject to visiting rights unto the respondent as under :
(a). During the first two weeks of the month the respondent shall receive the minor children Praharsh and Priyanka on every Monday, Thursday and Sunday between 2.30 pm to 5.00 pm on Monday and Thursday and 2.30 pm - 5.30 pm on Sunday (the children have Taekwondo classes on every week day from 5.30 pm - 7.00 pm.
(b). During the next two weeks of the month the respondent shall receive the minor children between 2.30 pm - 5.00 pm on Monday, Wednesday and Friday. The respondent shall be entitled to take the children out of the house of the appellant in House of Lords. The respondent shall have right to take the children out of the House of Lords to any other place in Panaji and also to the residence of his sister Archana Vinay Prabhudesai situated near Gauri Petrol Pump, Alto Betim, Bardez-Goa and also the residence of his cousin brother Pradeep R. Kamat, situated behind Petrol Pump, Housing Colony, Alto Betim, Bardez-Goa.
(c). If the respondent takes the children out of the flat of the respondent as aforesaid, he shall drop the children to the house of the appellant at 5.00 pm on week days and 5.30 pm on two Sundays as set out hereinabove.
(d). The respondent shall ensure that the minor children are not kept in the company of Shri Vinayak @ Vithal Kamat, the grandfather of the minor children.
The application stands disposed of in aforesaid terms.