Amith Kumar Tiwari vs Shital Misra Tiwari
2021 Latest Caselaw 1911 Tel

Item No.1

     THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                        AND
     THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

                        F.C.A.No.293 OF 2018

JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)

1.    On the last date hearing, the parties were directed to remain

present for the court to explore the possibility of their arriving at a

settlement.

2.    Learned counsel for the respondent/wife had stated before the

court that her client would be willing to give up her claim on the

custody of the minor children in terms of the impugned order, if the

husband is agreeable to arrive at a onetime settlement on the parties

parting company with each other by taking divorce by mutual consent.

3. The appellant/husband and respondent/wife are present virtually

before this court today along with the respective counsel.

4. The appellant/husband states that the two minor children of the

parties (daughter, aged 16 years and son aged 10 years) are residing

with him. But the children are at liberty to visit their mother

whenever they desire. The said position is confirmed by learned

counsel for the respondent/wife, who states that the children have

been residing with the father for the past several years and she does

not want to dislodge them as long as the husband does not prevent

them from meeting the mother. Therefore, she has no objection to the

impugned order dated 30.01.2018 being modified accordingly.

5. We may note that by the impugned order, the learned Family

Court has directed that the custody of the minor children be handed

over by the father to the mother. Simultaneously, the petition for

divorce filed by the mother, has been dismissed.

6. In view of the aforesaid submission made by learned counsel

for the respondent/wife and the fact that both parties agree that the

impugned judgment, as regards handing over the custody of the

children to the mother be modified, ordered accordingly. As agreed,

the custody of the children shall remain with the father. However, the

children shall be at liberty to meet their mother whenever they so

desire as per the arrangement that has been continuing so far.

7. With these directions, the appeal is disposed of along with the

pending applications, if any.

_________________ HIMA KOHLI, CJ

______________________ B.VIJAYSEN REDDY, J

01.07.2021 Lrkm