Himantika Bhargwa vs The State Of Nct Of Delhi & Ors
2019 Latest Caselaw 6365 Del

#10

         IN THE HIGH COURT OF DELHI AT NEW DELHI


                                           Judgment delivered On : 09.12.2019

W.P.(CRL.)3325/2019 & CRL.M.A.41336/2019

HIMANTIKA BHARGWA                                                ..... Petitioner

                                    Versus



THE STATE OF NCT OF DELHI & ORS                                  ..... Respondents

Advocates who appeared in this case:
For the Petitioner  : Mr. C.M. Grover, Advocate along with Petitioner-in-person
For the Respondents : Mr. Chaitanya Gosain, Advocate for Mr. Rahul Mehra, Standing
                      Counsel (Criminal) with SI Ramesh Kumar, PS- Mundka for R-1 & R-2
                      Mr. Gaurav Sharma, Advocate for R-3 to R-6

CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE I.S. MEHTA

                                 JUDGMENT

SIDDHARTH MRIDUL, J (ORAL)

1. The present writ petition under Article 226 of the Constitution of India

read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter

referred to as 'Cr.P.C.') has been instituted on behalf of Ms. Himantika

Bhargwa, the estranged wife of Dr. Girdhari Lal Saini, respondent No.3

herein, seeking custody of Master Bhaumik, 1 year old son of the parties.

2. Learned counsel appearing on behalf of the parties, on instructions

from the latter, who are present in person, states that they have arrived at a

compromise qua the custody of Master Bhaumik in the interim; till they

approach the court of competent jurisdiction, in this behalf.

3. The custody of Master Bhaumik, has been handed over to Ms.

Himantika Bhargwa by Dr. Girdhari Lal Saini, in Court today. It is agreed

by and between the parties that Dr. Girdhari Lal Saini, the father, is entitled

to visit Master Bhaumik every Sunday between 10:00 a.m. to 06:00 p.m. It

is also agreed between the parties that Dr. Girdhari Lal Saini, the father of

Master Bhaumik, shall pick up the latter from Gate No.1, Rajbagh Metro

Station, Sahibabad, Uttar Pradesh and return him to Ms. Himantika

Bhargwa, the mother at the same location. It is further agreed between the

parties that the present consent order shall operate till it is modified or

varied, in accordance with law, by the Court of competent jurisdiction, on a

proceeding that may be instituted by either one of them, in this behalf.

4. Directed accordingly.

5. With the above directions, the present habeas corpus petition is

disposed of leaving the parties to comply with their reciprocal obligations

without demur. The pending application also stands disposed of.

6. Needless to state that we have not expressed any opinion on the merits

of the case.

7. A copy of this order be given dasti under the signature of Court

Master to counsel for the parties.

SIDDHARTH MRIDUL (JUDGE)

I.S. MEHTA (JUDGE)

DECEMBER 09, 2019 dn