Supreme Court - Daily Orders
Viktoriia Basu vs The State Of West Bengal on 10 July, 2023
Bench: Surya Kant, Dipankar Datta
ITEM NO.3 COURT NO.5 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Criminal) No(s).129/2023
VIKTORIIA BASU Petitioner(s)
VERSUS
STATE OF WEST BENGAL & ORS. Respondent(s)
(FOR ADMISSION and IA No.63317/2023-EXEMPTION FROM FILING O.T., IA
No.63317/2023 - EXEMPTION FROM FILING O.T.)
Date : 10-07-2023 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE SURYA KANT
HON'BLE MR. JUSTICE DIPANKAR DATTA
For Petitioner(s) Mr. D. Seshadri Naidu, Sr. Adv.
Mr. B. Shravanth Shanker, AOR
Ms. Monalisa Kosaria, Adv.
Mr. Rohit Bhardwaj, Adv.
Mr. B Yeshwanth Raj, Adv.
For Respondent(s) Mr. Srisatya Mohanty, Adv.
Mr. Sanjeev Kaushik, Adv.
Ms. Astha Sharma, AOR
Mr. Subhasish Bhowmick, AOR
Ms. Manisha Pandey, Adv.
Mr. Deboki Nandan Maiti, Adv.
Mr. Rahul Kushwaha, Adv.
Mr. John Thomas Arakal, Adv.
Ms. Mani Mala Roy, Adv.
Mr. Daksh Jain, Adv.
Mr. Harsh Gupta, Adv.
Ms. Tanvi Singh, Adv.
Ms. Aishwarya Bhati, ASG
Ms. Chitrangda Rastravara, Adv.
Mr. Abhijeet Singh, Adv.
Ms. Sthavi Asthana, Adv.
UPON hearing the counsel the Court made the following
O R D E R
1. Signature Not Verified In deference to the orders dated 18.04.2023 and 16.05.2023 and Digitally signed by ARJUN BISHT Date: 2023.07.11 after 17:40:13 IST Reason: repeated interaction with the parties, learned Senior Mediator has sent a report dated 08.07.2023 with the following 1 recommendations:
“(i) the child, who was initially not responding to the Petitioner (mother) and would cry a lot in her presence, has now started bonding with her. The child requires the presence of both the parents at the moment.
(ii) the Petitioner, who has obtained the visa pursuant to the Order dated 16.05.2023 of this Hon’ble Court and who has a rented one-room accommodation in Defence Colony, New Delhi, should reside there.
(iii) the Respondent No.2 (father), who has taken permission from his office to work from home ever since the child was born, should stay with the child in Delhi nearby the residence of the Petitioner. The parents of Respondent No.2, who are retired professionals, could come and stay with him to help provide a family atmosphere.
(iv) the child has started going to a play school in Delhi from July 2023 for a couple of hours daily. The child is due to start regular school in March 2024. For the time being it will be in the welfare of the child to remain in Delhi with the Respondent No.2 with whom the child is still more comfortable. The Respondent No.2 is presently also in a better position to provide the child with the regular routine and nutrition to which the child is accustomed, especially Indian food which the child relishes. The Petitioner must, of course, have full access to the child.
(v) if both the parties live in Delhi, even though in different premises close to each other, the child will get the love and affection of both of them. The child does not have much exposure to other children at the moment nor to play grounds or any other activity. It is important for both parties to make efforts to take him to parks, do more activities with him and facilitate his meeting other children.
(vi) both parties should meet a marriage counselor/psychologist to discuss the way forward to further reconcile their marital differences and live together in the best interests of the child.”
2. We have heard learned senior counsel/counsel for the parties as also learned counsel for the State of West Bengal.
3. We are informed that pursuant to our order dated 16.05.2023, 2 the petitioner has now been granted special category visa for a period of one year.
4. Keeping in view the recommendations made by the learned Senior Mediator including that the child has now started bonding with the mother and that he requires presence of both the parents at the moment and also taking note of the fact that the stay of the parties in Banga Bhawan is not proving fruitful, we, as of now, issue the following interim directions:-
(i) The petitioner and the respondent no.2 shall arrange a private accommodation comprising two bedrooms with other amenities, preferably near the Play School in Connaught Place, New Delhi, where the child has started going. The parties may stay separately in the said accommodation, but the child shall remain in their joint custody. The accommodation will be arranged within one week. The petitioner wife will fully cooperate with respondent no.2 in shifting to the said private accommodation.
(ii) In addition to the joint custody, the child shall remain in exclusive custody of the petitioner-mother from 6 p.m. to 9 p.m. Thereafter, respondent no.2, shall be free to serve dinner to the child (as per the baby’s existing routine). Post-dinner, the child shall again remain in the exclusive custody of the mother till he wakes up in the morning.
(iii) The father-respondent no.2 shall be entitled to take exclusive custody of the child in the morning at 7 a.m.
(iv) While respondent no.2 shall be responsible to drop the child to the school, provide him nutritious meals, the 3 petitioner-mother shall also be at liberty to supplement the food requirements of the child.
(v) They shall also take the child periodically to the Child Specialist/Dietitian/Nutritionist, to ensure that all the health parameters of the child are well maintained.
5. Registry is directed to supply a copy of the interim report dated 08.07.2023 of the Senior Mediator to learned counsel for the parties.
6. Post the matter on 04.09.2023.
(ARJUN BISHT) (PREETHI T.C.)
COURT MASTER (SH) COURT MASTER (NSH)
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