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2014 DIGILAW 1030 (SC)

VIVEK SINGH v. ROMANI SINGH

2014-09-18

A.K.SIKRI, J.CHELAMESWAR

body2014
ORDER 1. The dispute pertains to the custody of minor child, namely, Saesha Singh, daughter of the petitioner and respondent herein. Custody of the said child was with the petitioner husband at the time when the respondent herein filed the petition under the Guardians and Wards Act, 1890 seeking custody of the said minor daughter with the prayer that she be appointed as a guardian of the said child as well. This petition was dismissed by the Principal Judge, Family Courts, Dwarka, New Delhi. The respondent filed appeal against it in the High Court of Delhi which was registered as FAO No. 39 of 2012. Initially, as per the roster, this appeal came up for hearing before the learned Single Judge and on 21-2-2012 and the learned Single Judge passed interim orders in the CM filed by the said respondent of the said appeal. The relevant portion of the order reads as under: “… Let the child be handed over to the appellant wife in her school which is at Kendriya Vidyalaya, INA Market, at 2.30 p.m. on every Friday. The child will remain with the appellant/mother for the remaining portion of Friday, Saturday and Sunday until 6.00 p.m. On Sunday, at about 6.00 p.m. she will send the child at the residence of the respondent. The appellant has stated that she will be going herself or will be sending her responsible family member for sending the child at the residence of respondent/father. If any Friday happens to be holiday, in that event the respondent/husband will make suitable arrangement for leaving the child at the paternal home of appellant/wife where she is presently living, at the aforesaid time, as is stated above.” 2. Ultimately, the appeal was heard by the Division Bench and vide impugned judgment dated 2nd April 2013 the appeal of the respondent has been allowed directing the custody to be given to the respondent herein on the ground that respondent is the natural mother of the child. At the same time, the Division Bench permitted the petitioner herein to have the custody of the child for certain periods. Against that order, the present SLP is filed. 3. Notice was issued in the SLP. At the same time, the Division Bench permitted the petitioner herein to have the custody of the child for certain periods. Against that order, the present SLP is filed. 3. Notice was issued in the SLP. Thereafter, when the matter came up for hearing on 13th December 2013, after hearing the learned counsel for the parties, this Court passed orders that aforesaid interim order dated 21st February 2012 passed by the learned Single Judge shall continue to operate. The effect thereof is that custody of the child remains with the petitioner husband and as per the said order dated 21st February 2012 the respondent wife is allowed to have the custody for certain days as mentioned therein. 4. By orders dated 9-5-2014 the respondent was allowed to have the custody of the child from 1-6-2014 to 27-6-2014 i.e. the summer vacation. 5. When the matter came up on 16-9-2014 for final hearing, this Court passed the direction for production of the child so as to have some interaction with the child in order to ascertain the welfare of the child. Accordingly, child Saesha Singh was produced today and we interacted with her for quite some time in the presence of the parties and their counsel and also in the absence of parties and their counsel. 6. The learned counsel for the petitioner requested for modification of the arrangement which is reflected under orders dated 21st February 2012 passed by the learned Single Judge of the High Court by pointing out that the child Saesha is studying in Army Public School, Meerut and now she is having classes from Monday to Saturday. Therefore, if her custody is to be given to the respondent on Saturdays, that would be at the cost of her studies as she will have to remain absent from the school on those days. We find merit in this plea. Accordingly, order is modified to the extent that except on Second Saturday which happens to be a non-working day in the school, on other weekends when the custody of the child is to be given as per order dated 21st February 2012 the child shall be handed over to the respondent herein at 5.00 p.m. on Saturdays instead of Fridays. 7. The learned counsel for the respondent pointed out that Dussehra vacations are round the corner and during these vacations, custody be handed over to the respondent. 7. The learned counsel for the respondent pointed out that Dussehra vacations are round the corner and during these vacations, custody be handed over to the respondent. This prayer is allowed. On the last working day before the commencement of Dussehra vacation, the custody of the child shall be handed over by the petitioner to the respondent at 5.00 p.m. The respondent shall hand over the child back to the petitioner on the last date of vacation at 5.00 p.m. Likewise, during Diwali holidays for one day, the custody of the child shall be given to the respondent mother i.e. on 22-10-2014. For this purpose, the custody of the child shall be handed over at 10.00 a.m. on 22-10-2014 by the petitioner and the child will be taken back at 10.00 a.m. on 23-10-2014. 8. In order to obviate any possible dispute that may arise as to whether the custody of the child was handed over or not, we make it clear that the custody shall be handed over/taken over by one party to the other, as per the arrangement, in the Supreme Court Mediation and Conciliation Centre where the counsel for both the parties shall also remain present. 9. Post these matters after three months on a non-miscellaneous day.