Surender Singh vs Nirupam Singh
2009 Latest Caselaw 1639 Del

33
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                    +      MAT.APP.5/2006

                                Date of Decision: 24th April, 2009
%

      SURENDER SINGH            ..... Appellant
              Through : Mr. Mohit Gupta, Adv.

                  versus

      NIRUPAM SINGH                ..... Respondent
               Through : Mr. Abhishek Sabharwal, Adv.


CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA

1.      Whether Reporters of Local papers may
        be allowed to see the Judgment?

2.      To be referred to the Reporter or not?

3.      Whether the judgment should be
        reported in the Digest?

                         JUDGMENT (Oral)

CM No.2175/2006

1. For the reasons stated in the application, the delay in

filing of this appeal is condoned.

2. CM stands disposed of.

MAT.APP.No.5/2006

1. The parties are present in the Court along with their

respective counsels.

2. The appellant has cleared the entire arrears of

maintenance by payment of cash amount of Rs.20,000/-

towards the maintenance from January, 2009 to 30 th April,

2009 to the respondent in Court today. The future

maintenance shall be paid regularly by seventh of each

calendar month. The learned counsel for the appellant

submits that the future maintenance shall be sent regularly

by means of a cheque by registered A.D. post to the

respondent under the covering letter of the appellant's

counsel.

3. Master Umang is also present in the Court. The

respondent has no objection to the meeting rights between

the appellant and the child.

4. I have personally talked to the child who has shown

reluctance to meet the appellant on the ground that they

have not met earlier. Since the father and son have not met

earlier, it is all the more important that they should meet. I

have advised the child to meet the appellant who is his

natural father.

5. With the consent of the parties, it is directed that the

appellant shall visit the Police Station, Sector-56, Gurgaon on

first Sunday of every month at 10:00 a.m. to collect the child

and he shall return the child back by 5:00 p.m. on the same

day. During the first two visits, the respondent shall also

accompany the child. The appellant shall not take the child

out of Gurgaon without the permission of the learned Trial

Court.

6. The SHO, Police Station, Sector-56, Gurgaon is directed

to provide appropriate assistance to the parties to comply

with this order.

7. The appellant is working as Assistant Commandant with

BSF presently posted at Manipur. In case, the appellant is

not able to meet the child on the first Sunday of any month

due to official exigency or otherwise, he shall send a

telegram intimating the appellant about the cancellation of

visit at least three days before the first Sunday of that

month. The telegram should be sent to the respondent as

well as the respondent's counsel so that the respondent and

the child can plan their Sunday accordingly.

8. During the examination period or due to some other

exigency such as illness of the child, the respondent shall

intimate the same to the appellant as well as his counsel by

a telegram at least three working days before the first

Sunday of that month so that the unnecessary visit of the

appellant on that day is avoided.

9. The address of the appellant and his lawyer for sending

the telegram are as under:-

Appellant's Address : 55 BN BSF, Kai Mai Tac HQ.

Ftr. HQ. Silture Assam.

Appellant's Counsel Address : Mr. Mohit Gupta, Advocate, 273, Lawyer's Chamber, Delhi High Court., Sher Shah Suri Marg, New Delhi-110003.

Mob.No.9868011171

10. The address of the respondent and her lawyer for

sending the telegram are as under:-

Respondent's Address : F-452 (G.F.), Sushant Lok-2, Sector-56, Gurgaon Mob.No.9810992932

Respondent's Counsel Address : Mr. J.P. Suhag, Advocate, Chamber No.431 West Wing, Tis Hazari Court, Delhi

11. In case of any difficulty by the parties in compliance of

this order, they are at liberty to approach the learned Trial

Court.

12. The appeal is allowed in terms of the above directions

and the impugned order is set aside.

13. Copy of this order be given 'Dasti' to learned counsel

for both the parties under signatures of Court Master.

14. Copy of this order be also sent to the learned Trial

Court for record.

15. The LCR be returned forthwith.

J.R. MIDHA, J

APRIL 24, 2009 aj