Allahabad High Court
Baby Satvika Tiwari Thru. Mother ... vs State Of U.P. Thru. Addl. Chief Secy. ... on 3 July, 2024
Author: Shamim Ahmed
Bench: Shamim Ahmed
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Neutral Citation No. - 2024:AHC-LKO:45469
Court No. - 16
Case :- HABEAS CORPUS WRIT PETITION No. - 380 of 2023
Petitioner :- Baby Satvika Tiwari Thru. Mother Shivali Sureshkumar Tiwari @ Shivali Tiwari And Another
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home And Others
Counsel for Petitioner :- Pramod Kumar Shukla,Ashish Kumar Mishra
Counsel for Respondent :- G.A.,Madhulika Yadav
Hon'ble Shamim Ahmed,J.
1. Heard Sri Pramod Kumar Shukla, learned counsel for the petitioner as well as Ms Madhulika Yadav, learned counsel for the opposite party Nos. 4, 5 and 6 and Sri Ashok Kumar Singh, learned A.G.A.-I for the State opposite party Nos. 1,2 and 3.
2. This petition has been filed with the following relief(s):
"(i) issue a writ, order or direction in the nature of Habeas Corpus to direct the opposite party No.4 to 6 to produce the Petitioner No.1 before this Hon'ble Court immediately and handover the custody of Petitioner No.1 to the Petitioner No.2 forthwith.
(ii) Issue a writ, order or direction in the nature of Habeas Corpus directing the opposite party no. 2 and 3 to ensure the presence of the Petitioner No.1 before this Hon'ble Court forthwith."
3. Learned counsel for the petitioner submits that vide order dated 18.03.2024 the case was referred to the Mediation and Conciliation Centre of this Court. Thereafter, the mediation proceedings completed, and a settlement agreement was entered into between the parties on .13.05.2024. The parties as well the Mediator have put their signatures on the settlement agreement and as per clauses 6A, 6B, 6C, 6D, 6E , 6F, 6G, 6H, 6 I, 6J, 6K and 6L the following settlement has arrived :-
A. That both the parties namely Shivali Tiwari (wife) and Shashank Shekhar Tiwari (Husband) have mutually agreed to dissolve their marriage and to live separately in future. Accordingly the parties have filed a petition for divorce bearing Case No. 1581 of 2024 U/S 13-B Hindu Marriage Act, 1955 before Family Court, Lucknow on 09.05.2024. Both the parties herein undertake to appear before the concerned Court on the date(s) fixed and would make their earnest endeavour to obtain a decree of divorce in terms of this settlement at the earliest.
B. That the parties have agreed that the custody of their only daughter Ms. Satvika Tiwari, aged about 4 ½ years shall be with the First Party. However the custody of the daughter shall continue with the Second Party till the end of the present academic session of the child i.e. 2024-25 which is to end in March, 2025 hence, from April, 2025, the custody shall be handed over to the First Party by the Second Party. After the custody is handed over to the First Party, the Second Party shall have visitation rights as follows:
(a) The Second Party shall be allowed to meet, take the child with him and spend time with his daughter two days in week or four days in a fortnight, subject to the comfort of the child and convenience of the parties.
(b) The Second Party shall be entitled to meet and take his daughter on holidays. family vacations, Summer Vacation 4 weeks, Diwali Holidays and Ganesh Chaturthi or Christmas Holidays (seven days).
(c) The First Party, and the Second Party will allow video call with Satvika per day to the other party for fifteen minutes.
(d) When the parties will go abroad with Satvika they will take consent from each other for the said purpose.
C. However the abovementioned conditions will start from 1 April, 2025. For the present the First Party will have the temporary custody of the baby Satvika Tiwari from 1 June, 2024. to 30 June, 2024.
D. Thereafter the First Party will meet baby child Satvika Tiwari after every 15 days for 3 days each time.
E. That the parties have agreed that in Winter Vacations, First Party will have temporary custody of baby child Satvika Tiwati for 10 days.
F. That the parties have agreed to withdraw/not to pursue the case filed against each other and their family members. The details of the cases are as under:
1. Case No. 2963 of 20221 U/S 13-A, Hindu Marriage Act, 1955 pending before Principal Judge, Family Court, Lucknow.
ii. Criminal Revision No. 657 of 2022 pending before AJD-XV, Civil Court, Lucknow.
G. That both the parties have agreed that they have no objection if the HABEAS CORPUS WRIT PETITION No. 380 of 2023 (Baby Satvika Tiwari Thru. Mother Shivali Sureshkumar Tiwari @ Shivali Tiwari And Another Vs. State of U.P. & Another) is decided by the Hon'ble Court in terms of this settlement agreement.
H. In addition to above mentioned cases, if any other case(s) is pending between the parties before any Court, both the parties shall not have any objection if the case(s) is disposed of by the Hon'ble Court in terms of this Settlement Agreement.
I. That it is also agreed between the parties that neither they themselves nor any member of their respective families shall institute any case in future in the form of criminal or civil proceedings against each other or against any of their relative or family members in respect of their marriage or any matter incidental thereto and if any proceeding has already been, initiated, both the parties would get it disposed of in terms of this settlement Agreement.
J. That both the parties shall be bound by the terms and conditions of this Settlement in strict sense. In case of any default, the party committing the default shall be liable for playing fraud with the Court hence for contempt of the Court.
K. That both the parties have read over the contents of this agreement and they have understood it very well.
L. That if both the parties remarriages' then either of the party will move appropriate case before the Competent Court of Law for seeking the custody of the child.
4. Thus, learned counsel for the petitioner as well the learned counsel for the opposite party Nos. 4, 5 and 6 submit that the parties are bound by the settlement agreement and in future they will comply the same and further submits that since the parties have settled their dispute through the process of mediation, therefore, no useful purpose would be served if the proceedings of the aforesaid case go on further.
5. Learned counsel for the petitioner as well the learned counsel for the opposite party Nos. 4, 5 and 6 submit that the parties have already filed a petition on 09.05.2024 under Section 13 B of the Hindu Marriage Act, before the court of Principal Judge, Family Court, Lucknow.
6. After some arguments, learned counsel for the petitioner as well the learned counsel for the opposite party Nos. 4, 5 and 6 submit that they have no objection if this Court may direct the court of Principal Judge, Family Court, Lucknow to decide the petition filed under Section 13-B of the Hindu Marriage Act, 1955 within short period, waiving the cooling off period of six months in view of the judgement passed by Hon'ble Supreme Court in the case of Amardeep Singh Vs. Harveen Kaur: AIR 2017SC 4417 and further order passed by the Division Bench of this Court in First Appeal Defection No. 392 of 2019: Shalini Massey Vs. Neeraj Samuel Dass decided on 07.01.2020. They further submit that the provision of cooling off period is not mandatory but is a directory provision and the Family Court where the petition is pending under Section 13-B of the Hindu Marriage Act can waive the period of six month.
7. Accordingly, in view of the arguments advanced by the learned counsel for the parties as well the statements of the parties and also in view of the judgment cited above, keeping in view the law laid down by the Hon'ble Apex Court in the above referred judgment and in view of the statement/settlement agreement dated 13.05.2024 made between the petitioner as well as opposite party nos. 4 to 6 and the observation made above, the petition stands disposed of with a direction to the Principal Judge, Family Court, Lucknow to decide and pass the order expeditiously, say within a period of two months from today in accordance with law in the petition filed by the both the parties under Section 13-B of the Hindu Marriage Act by waiving off the cooling period of six months, without granted any unnecessary adjournment to either of the parties unless there is some legal impediment or unless there is any order passed by the higher court staying the proceedings of the case.
Order Date :- 03.07.2024
Arvind
