Supreme Court - Daily Orders
Francis Joseph vs Shobha Francis Joseph on 20 September, 2016
Bench: Ranjan Gogoi, Prafulla C. Pant
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S).9435 OF 2016
(Arising out of SLP(C) No.10504 of 2015)
FRANCIS JOSEPH ...APPELLANT(S)
VERSUS
SHOBHA FRANCIS JOSEPH ...RESPONDENT(S)
O R D E R
Leave granted.
We have heard the learned counsels for the parties. We have considered the impugned order dated 09.12.2014. We have also read and considered the report dated 09.03.2015 of the Mediator, Gujarat High Court Mediation Centre, Ahmedabad.
The issue before the Court is one of visitation rights which have been refused to the appellant (Francis Joseph), father of the child, Diya, who is now about eleven years old.
Having regard to the report of the Signature Not Verified Mediator and the facts of the case, we are of Digitally signed by NEETU KHAJURIA Date: 2016.09.26 15:40:06 IST Reason: the view that the appellant-father should be allowed visitation rights (four times in a 2 month) on every Sunday or any other day as may be convenient to the parties mentioned herein below :
Such visitation by the appellant-Francis Joseph (father of the child) will be in the presence of the respondent-Shobha Francis Joseph (mother of the child); Father P.D. Mathew, Director, Nyaya Darshan, Vadodara, Gujarat and Mr. John Yoyakey, relative of respondent-mother of the child. The present order will govern the parties until the question of guardianship is finalized by the Family Court, Vadodara. With the aforesaid observations, the appeal is allowed. The order of the High Court is modified to the extent indicated above.
....................,J.
(RANJAN GOGOI) ....................,J.
(PRAFULLA C. PANT)
NEW DELHI
SEPTEMBER 20, 2016
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ITEM NO.11 COURT NO.6 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 10504/2015
(Arising out of impugned final judgment and order dated 09/12/2014 in SCA No. 7483/2014 passed by the High Court Of Gujarat At Ahmedabad) FRANCIS JOSEPH Petitioner(s) VERSUS SHOBHA FRANCIS JOSEPH Respondent(s) (with office report) Date : 20/09/2016 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE PRAFULLA C. PANT For Petitioner(s) Ms. Kumud Lata Das,Adv.
Ms. Jessy Kurian, Adv.
Ms. Rachna Gandhi, Adv.
For Respondent(s) Mr. Indravadan Parmar, Adv.
Ms. Shomila Bakshi,Adv.
UPON hearing the counsel the Court made the following O R D E R Heard learned counsel for the parties and perused the relevant material.
Leave granted.
The appeal is allowed in terms of the signed order.
(Neetu Khajuria) (Asha Soni)
Court Master Court Master
(Signed order is placed on the file.) 4