Meenakshi Khandelwal Vs.
Shailesh Khandelwal
[Special Leave
Petition (C) No.8160 of 2011]
O R D E R
P. Sathasivam, J.
1.
By
consent of both the parties, the Principal Judge, Family Court, Raipur, vide
order dated 01.02.2008, in Case No. 170-A/2007 dissolved the marriage of the
petitioner and respondent herein, solemnized on 11.12.1999,by a decree of
divorce.
2.
On
the application of the petitioner-mother, the Family Court granted her the custody
of the daughter-Shrestha. The father of the child-respondent herein challenged
the said order before the Division Bench of the High Court of Chhattisgarh at Bilaspur.
The High Court, by the impugned order dated 09.11.2010 in F.A. (M) No.79 of 2010
allowed the appeal filed by the father of the child and permitted him to retain
the custody of the child. In the same order, the High Court granted visitation rights
to the mother of the child. The said order is under challenge in this special
leave petition.
3.
Considering
the interest and welfare of the child, who is presently aged about nine years
and being a daughter, we directed both the parties including their daughter to
appear before us in our Chambers on 23.04.2012. All three of them appeared on
that day. Initially, we interacted with the child separately and ascertained
her views. She expressed her grievance against her mother and prefers to stay
with her father. She also informed us that she is comfortable with her father
and would like to continue he reducation under his guidance only. Thereafter, we
interacted with the petitioner and the respondent separately.
4.
Taking
note of the welfare of the child, which is paramount and also the right and
entitlement of the petitioner-mother which is to be decided in this SLP, as an
interim measure, we pass the following order:
a. The father-respondent
herein is directed to take the child-Shrestha to the Nagpur Bench Mediation
Centre on 19.05.2012 at 10 a.m.
b. The petitioner-mother
is permitted to take the child-Shrestha alone in the presence of mediators at
10 a.m. and bring her back at 6 p.m. to the Mediation Centre and hand over the child
to the respondent- father.
c. In the same way, the
respondent-father has to take the child-Shrestha to the Nagpur Bench Mediation Centre
on 02.06.2012 and again on 09.06.2012.
d. On all these dates,
the respondent-father has to hand over the child- Shrestha to her mother at 10
a.m. in the presence of mediators and the petitioner-mother has to return the
child at 6 p.m. to the father.
e. During these days,
mediators are directed to observe the behavior and relationship of the child
Shrestha with her mother and father and submit a report directly to this Court
before 30.06.2012.
1.
2.
3.
4.
5.
List
on 09.07.2012 as Item No. 201 for consideration of the report of the mediators
and for passing appropriate orders.
.…………….…………………………J.
(P. SATHASIVAM)
.…....…………………………………J.
(J. CHELAMESWAR)
NEW
DELHI;
MAY
4, 2012
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