Delhi High Court
Prateek Shrivastav vs Amrit Chadha & Anr on 8 December, 2015
Author: G. S. Sistani
$~06.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAT.APP.(F.C.) 97/2015
% Judgment dated 8th December, 2015
PRATEEK SHRIVASTAV ..... Appellant
Through : Mr.Jai Bansal, Adv.
versus
AMRIT CHADHA & ANR ..... Respondents
Through : Mr.Sameer Mendiratta, Adv.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
G.S.SISTANI, J (ORAL)
CM APPL. 13505/2015
1. This is an application filed by appellant seeking condonation of 32 days'
delay in filing the present appeal.
2. Counsel for the respondents/non-applicants submits that he has no
objection if the present application is allowed and delay is condoned.
3. Heard. For the reasons stated in the application and in the interest of
justice, present application is allowed. Delay in filing the present appeal
is condoned. Let appeal be taken on record.
4. Application stands disposed of.
MAT.APP.(F.C.) 97/2015
5. Present appeal is directed against the order dated 26.5.2015 passed by
learned Principal Judge, Family Court, in G.P. No.21/2014, whereby
interim custody of the minor child, who is stated to be four years of age,
was denied to the appellant herein and the appellant was allowed to meet
the minor child only once in a month in the children's room at Saket
Family Courts for three hours.
6. At the very outset, we may say that this order is a result of court
mediation and complete cooperation on the part of the parties, more
particularly the grand-parents of the child and the respective counsel.
7. In this case, the minor child had lost her mother in the month of
September, 2013, and she is being brought up by her maternal grand-
parents. Although we were informed that there was a maternal discord
between the appellant and his late wife but even after her death the
appellant was visiting the house of the respondents till the relations turned
sour.
8. Notice in this matrimonial appeal was issued on 31.7.2015. On 15.9.2015
we had taken up the matter in the Chamber and requested the parents of
the appellant and the respondents to meet over a cup of tea. We had also
requested them not to discuss the past. The matter was adjourned to
29.9.2015, on which date we were informed that the meeting was cordial.
Resultantly, on 29.9.2015 with the consent of the parties the following
order was passed:
"O R D E R
19.09.2015
Both parties agreed to the following interim arrangement.
1. The petitioner would be entitled to meet his daughter for two
hours on the 1st and 3rd Saturday of each month.
2. The meeting will take place at a common place convenient to
both the parties in the presence of the Grand Parents (Both
maternal and paternal) of the child.
3. Both parties assure the court that the meeting will be cordial
and they will show respect to each other.
4. Without prejudice to the rights and contentions of the parties,
the petitioner agrees to pay the school fee of his daughter
from the month of October, 2015 and also pay maintenance
@ Rs.15,000/-, p.m. The amount shall be deposited directly
in a bank account to be provided by the respondent to the
petitioner within two days from today."
9. The matter was then adjourned to 17.11.2015. On 17.11.2015, we were
informed by both the parties that the arrangement detailed in the order
dated 29.9.2015 had worked well.
10. Today, there is a better news. Learned counsel for both the parties on
instructions from the parties, submit that the present matrimonial appeal
may be disposed of on the following agreed terms:
i. Both the parties shall withdraw their respective petitions filed
by them against each other.
ii. The appellant and the parents of the appellant (paternal
grand-parents of the minor child) would meet the child four
times in a month, as agreed hereinbelow:
(i) On the first Saturday of the month, the minor
child will spend time between 10.00 a.m. to 4.00
p.m. with the appellant at a common place or in
the house of the appellant, subject to however
the comfort level of the child;
(ii) On the remaining three Saturdays of the month,
the minor child will continue to meet the
appellant and her grand-parents for two hours at
a place of convenience to both the parties either
in the presence of paternal and maternal grand-
parents or paternal grand-parents if the child is
comfortable;
(iii) As the comfort level of the child increases,
timings and place of meeting with the child
would be flexible and to the convenience of
both the sides.
(iv) Both the parties assure the court that the
meeting will be cordial and they will show
respect to each other;
(v) It is reiterated that the appellant shall pay the
school fee of his daughter from the month of
October, 2015, and also pay maintenance at the
rate of Rs.15,000/-, per month. The amount shall
be deposited directly in the bank account of the
minor.
11. Learned counsel for the appellant submits the birthday of the minor child
is on 2nd January and the appellant and grand-parents of the minor child
are desirous of holding birthday party of the child at their house or any
other place. Counsel for the respondents on instructions submits that the
respondents have no objection. It is agreed that the respondents, elder
daughter of the respondents and family members of the elder daughter of
the respondents would also be invited to the birthday party. It is also
agreed that both the families shall participate in the birthday celebrations
of the child in letter and spirit.
12. Accordingly, as jointly prayed, present appeal stands disposed of in view
of above agreed terms.
13. The Court appreciates the efforts put in by the parties and their respective
counsel.
G.S.SISTANI, J
SANGITA DHINGRA SEHGAL, J
DECEMBER 08, 2015
msr
