Delhi High Court
Dharmender Kapoor vs Rupa Bose & Anr. on 13 October, 2015
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2787/2014
DHARMENDER KAPOOR ..... Petitioner
Through: Petitioner in person
versus
RUPA BOSE & ANR ..... Respondents
Through: Mr. Monica Kapoor and Ms. Archana
Chhibber, Advocate for R-1
Mr. Satyakam, ASC with Mr. Nikhil Bhardwaj,
Advocate for the respondent no.2/GNCTD
Mr. Ashok Aggarwal, Ms. Ruchi Sindhwani and
Mr. D. Rajshekhar Rao, Advocates - Committee
Members appointed by Hon'ble Judge
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
ORDER
% 13.10.2015
1. Orders have been passed in this writ petition from time to time. As a
matter of fact, an adhoc committee was constituted by this court on a
direction being issued to that effect vide order dated 16.09.2014. The adhoc
committee comprises of advocates of this court, namely, Mr. Ashok
Aggarwal, Ms. Ruchi Sindhwani and Mr. D. Rajshekhar Rao.
1.1 The members of the committee have drawn my attention to the order
dated 07.11.2014, whereby the petitioner / father was directed to deposit a
sum of Rs.2 Lakh with the adhoc committee, which in turn, was directed to
open a bank account in the name of the minor girl, Ms. Anchal Kapoor.
This account was to be maintained with Delhi High Court Branch of the
UCO Bank.
1.2 I am also informed that pursuant to directions issued from time to
time, the minor child, Ms. Anchal Kapoor is, presently, studying in Colonel
Satsangi's Kiran Memorial Public School, Satbari, Chhatarpur.
1.3 The petitioner / father, who is present in court, has reiterated his
undertaking that he will bear the tuition fee and other expenses for the
upkeep of the child both qua the school where she is presently admitted and
also for her college education.
1.4 The petitioner / father has also indicated that funds will be provided
for other necessary amenities for the upkeep of the child. These amenities,
inter alia, would include food, clothing, transport, medical expenses and
such like expenses.
2. The members of the adhoc committee have conveyed to me that since,
the said sum of Rs.2 Lakhs was not utilized as the petitioner / father
undertook the obligation to pay the tuition fee and other expenses, the said
money could be converted into an interest bearing fixed deposit, in the name
of the child, Ms. Anchal Kapoor, to be released to her on attaining age of
majority.
2.1 I tend to agree with the suggestion put forth by the members of the
Adhoc Committee. The Manager, UCO Bank, Delhi High Court Branch, is
directed to act on the request of the Registrar General of this court, to
convert, the amount available with it, into an interest bearing fixed deposit,
with the condition that the amount, along with accrued interest, will be
released to Ms. Anchal Kapoor on her attaining the age of majority.
3. Apart from the above, both the petitioner / father as well as
respondent no.1 / mother seek to share visiting rights qua the child.
3.1 In so far as sharing of the company of the child, during her school
vacations is concerned, the petitioner /father and respondent no.1 / mother
are agreed that the first half of every vacation will be spent in the company
of the petitioner / father, while the remaining part of the vacations will be
spent in the company of respondent no.1/mother.
3.2 In so far as the birthday of the child is concerned, the child will
remain in the company of respondent no.1 / mother. However, respondent
no.1/ mother will hand over the custody of child to the petitioner/ father to
enable him to celebrate her birthday on the following day.
4. It is made clear, that if there is any difficulty in apportioning the
vacation period, as between the petitioner and respondent no.1, they will
approach the adhoc committee in the first instance.
5. In so far as the weekends are concerned, the child will spend alternate
weekend, with each parent. First and third weekend of the month will be
spent by the child with the petitioner/father while, the second and fourth
weekend of the month will be spent by the child in the company of
respondent no.1/mother.
6. In so far as the submission of respondent no.1/mother is concerned
that she should be reimbursed a sum of Rs.25,000/-, a sum spent by her
towards expenses incurred in commuting from her house to the child's
school, it does not present much difficulty as petitioner no.1 has undertaken
to pay a sum of Rs.12,500/- to respondent no.1 within four weeks from
today, and the balance sum of Rs.12,500/- within twelve weeks from today.
7. Finally, it is the court's hope that the contesting parties hereon will
not indulge in any inter se skirmish having regard to the best interest of the
child. If there is any difficulty experienced by any of the parties, they will
take up the matter, in the first instance, with the adhoc committee members.
If necessary, the adhoc committee members would be free to take up the
matter, with the court, by moving an appropriate application.
8. Since, Mr. Satyakam, represents respondent no.2 /the Government of
NCT of Delhi, the adhoc committee will also keep him informed of, further
development in the matter. Respondent no.2/the Government of NCT of
Delhi shall monitor the progress of the child while she is in school.
9. With the aforesaid observations in place, the captioned petition and
the pending application are disposed of.
RAJIV SHAKDHER, J
OCTOBER 13, 2015
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