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1994 DIGILAW 567 (SC)

Yogesh Khanna v. Anuradha Khanna

1994-05-02

M.N.VENKATACHALIAH, S.MOHAN

body1994
JUDGMENT : 1. This is matrimonial cause in which after some discussions before Hon'ble Mr. Justice S. Mohan in Chambers, the parties seem to have arrived at some broad settlement. A petition under Section 13 B (1 & 2) of Hindu Marriage Act 1955 has been filed in this Court for grant of a decree of divorce by mutual consent. We direct that this petition be transmitted to the District Judge, Delhi, who will immediately list the petition as a proceeding for grant of a decree of dissolution of marriage by consent. The petition shall be transmitted to the said court forthwith. 2. The learned District Judge is directed to call this matter on 14th November, 1994 (after the expiry of statutory period of six months). No fresh notices need go from the District Court to the parties on this petition. The parties will appear before the District Judge on the said date and the District Judge shall proceed to consider and dispose of the prayer for decree of divorce by mutual consent in accordance with law. We direct the matter to be disposed of on the same day. 3. There are two criminal proceedings - one by the husband and one by the wife. The criminal complaint by the husband is FIR No. 36/93 under Sections 497, 506 323, 324 IPC, P.S. Chitranjan Park (State v. Ms. Anuradha Khanna) and is pending in the Court of Shri C.K. Chaturvedi, Metropolitan Magistrate Patiala House, New Delhi. The criminal complaint by the wife is FIR No. 47/93, under Sections 498 A, and 406 IPC, P.S. Chitranjan Park (State v. Mr. Yogesh Khanna) and is pending in the court of Shri V.K. Jain, Metropolitan Magistrate, Patiala House, New Delhi. 4. We withdraw both these criminal proceedings to this court. In exercise of powers under Article 142(1) read with Section 482 Criminal Procedure Code, we quash these proceedings, as prayed for by both the parties. We are of the opinion that such a relief is necessary in the interests of both the parties and to promote the welfare of the children. 5. The spouses have two children - Harsh (about 10 years of age) and Gautam (about 6 years of age). The Children for the present shall be in the custody of the mother. We are of the opinion that such a relief is necessary in the interests of both the parties and to promote the welfare of the children. 5. The spouses have two children - Harsh (about 10 years of age) and Gautam (about 6 years of age). The Children for the present shall be in the custody of the mother. After a period of 3 months from today the father shall be entitled to exercise visiting rights on 1st Sunday of each month commencing from 7th August, 1994. The father shall call on the residence of the respondent - Mrs. Anuradha Khanna in the morning at about 9 A.M. and shall be entitled to take the children out for the day. He shall bring them back in the evening before 9 O'clock and deliver them back to the mother the respondent herein. This arrangement for visiting right shall continue for a period of one year. 6. It is open to the parties to move the appropriate jurisdictional court for any modification after one year. 7. The matter is disposed of accordingly.