ORDER : 1. This Writ Petition arises out of unfortunate differences between the parents of a minor child which have culminated in the dissolution of the marriage of the parents and the question raised before us pertains to the custody of the child. The child is a boy, 9 years of age. The child, ever since the time when he was a little baby of 7 months, has been continuously in the custody of the father. 2. After hearing learned counsel for both sides we consider that the following directions alone need be made in the best interest of the minor child, for the time being. It is absolutely necessary to see that the child does not get completely alienated from his mother and that some contact must be maintained between the mother and the child. To secure this end we are issuing the following directions. 3. We are informed that the St. Marys Convent School, where the child is studying now at Benaras will be closing for the summer vacation on the 9th May, 1986 and will remain closed for a period of nearly six weeks. Likewise we are informed that the school will have its vacations for Pooja holidays and X-mas holidays. 4. We direct that till further orders the father shall take the child to Srinagar on the 15th May of each year and deliver the child to the mother at the residence of her father viz. Shri Raghunath Hali, Chandapura, Habakadal (2nd Bridge) Nai Sarak, Srinagar. The child will stay with the mother for a period of one month and the mother will hand back the custody of the child to the father at the same place on the 15th of June. The father can take the child to Benaras on its being so handed over to him by the mother and will continue to be in custody of the father thereafter. Similarly during pooja and X-mas holidays the child shall stay with mother for a period of one week during each of these vacations. 5. During pooja holidays the father will take the child to the address specified above at Srinagar.
Similarly during pooja and X-mas holidays the child shall stay with mother for a period of one week during each of these vacations. 5. During pooja holidays the father will take the child to the address specified above at Srinagar. The father should give fifteen days prior intimation to the mother and the mothers father of the precise date on which the child is to be delivered at Srinagar that date being the day immediately following the date of commencement of the pooja...holidays for the school. 6. During the X-mas vacation the mother shall come over to Delhi and take residence with her paternal aunt viz. Mrs. P.N. Dhar, AB-838, Sarojini Nagar, New Delhi and the child shall be delivered at the said address by the father on the date immediately following the date of commencement of the X-mas holidays of the school. Previous intimation, of not less than 15 days in advance, of the date of the commencement of the holidays should be given to the mother and mothers father in the same manner as specified above. The father can take back the child on the expiry of one week from the date of delivery of the child and he shall thereafter be in custody of the father. This arrangement is to be strictly observed during each year until further orders in modification, if any, are passed by this Court. The custody proceedings initiated by the mother in the District Court at Srinagar as well as the proceedings initiated by the father in Allahabad High Court or in any other court will all stand terminated by this order. The Writ Petition is disposed of accordingly.