Delhi High Court - Orders
Sugandhi Aggarwal vs Colonel Ramneesh Pal Singh on 13 September, 2021
Author: Najmi Waziri
Bench: Najmi Waziri
$~6(1)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 426/2021
SUGANDHI AGGARWAL .....Petitioner
Through: Petitioner in person.
versus
COLONEL RAMNEESH PAL SINGH ..... Respondent
Through: Respondent in person, through virtual
mode
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
ORDER
% 13.09.2021 The hearing has been conducted through hybrid mode (physical and virtual hearing).
1. The petitioner, submits that in terms of the order dated 23.09.2021, the Division Bench of this court has enhanced the meeting and interaction time between the mother and the children to twice a month; for one of the two monthly interactions, the children are to come from Bhopal to Delhi at the expense of the respondent/father; he is to ensure that the children board a flight to Delhi And are out in the care and custody of the Airline staff. The return journey too is to be by flight.
2. The said order dated 23.09.2021 reads as under:
"...C.M. NO. 21862/2021We have interacted, firstly, with the children and, thereafter with the parties in Chamber. In the light of the said interaction, we direct that till further orders, the appellant would be entitled to meet Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:14.09.2021 12:49:39 the two minor children on the second and fourth weekend of every month. The appellant shall travel to Bhopal on her own expenses on the second Friday of every month in the evening. She shall make either her own arrangement, or she may request the respondent to arrange for her accommodation in the guest house in the Cantonment Area.
The children will be handed over by the respondent to the appellant on the evening of the Second Friday once she has arrived, and the children shall remain with the appellant till Sunday evening when the respondent shall pick up the children well before the appellant leaves for Delhi.
On the fourth weekend of the month, the respondent shall bring the children to Delhi. Since, the children are intelligent and reasonably grown up, he may send them by the flight on the fourth Friday evening, while placing them in the care of the of the Airline staff. In that situation, it shall be the responsibility of the appellant to pick up the children from the Airport and take them home. The children shall be returned by flight available on Sunday evening. The expenses for the to and fro of the journey of the children on this occasion shall be borne by the respondent. When the children are with the appellant, she shall ensure that they attend to their online classes, if any, over the weekend. List the matter on 17.12.2021 for further directions..."
3. Happily, the petitioner mother and the children have met in Bhopal last Saturday and Sunday. She states that she could not reach Bhopal on Friday evening on account of last-minute coordination constraints with the father. The father refutes the last contention.
4. The petitioner/mother states that she would like to spend meaningful time with the children during the upcoming Dussehra and Diwali holidays and towards this objective she will move Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:14.09.2021 12:49:39 appropriate applications.
5. However, she states that there has been clear breach of the directions of the Division Bench of this court dated 15.03.2021 passed in MAT. APP. (F.C.) 132/2020, which directed inter alia as under:
"....CM APPL. 9704/2021 (of the appellant for interim custody of the children)
1. We have further heard the parties in person and have understood the school schedule of the children. It is informed that the classes are still being held virtually and the session continues till 30th April, 2021.
2. It is ordered that the children will spend time effective from 27th March, 2021 till 3rd April, 2021 with the appellant mother at Delhi I Bhiwadi and will travel from Bhopal to Delhi for the said purposes. The responsibility of getting the children from Bhopal to Delhi on 27th March, 2021 shall be of the appellant mother and the respondent father will book the return flight of the children from Delhi to Bhopal, on 3 rd April, 2021 and the appellant mother shall ensure that the children are on the said flight so booked by the respondent father.
3. It is further ordered that once the children have been taken out of Bhopal, the appellant mother shall not take them anywhere else than Delhi or Bhiwadi and shall ensure that the children attend the online classes on whichever dates the said classes are being held and have a good internet connectivity for attending the classes. It will be open to the appellant mother also to, if does not desire to personally travel from Delhi to Bhopal for bringing the children, to book a flight for the children and inform the respondent father in advance of the same..."
6. Reply has not so far been filed by the respondent. He says that his Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:14.09.2021 12:49:39 reply is lying under office objection with the Registry and he will have the defects cured within two weeks. Since the copy of the reply has already been received by the petitioner, rejoinder, if any, be filed on or before the next date.
7. Renotify on 07.10.2021.
NAJMI WAZIRI, J SEPTEMBER 13, 2021/rd Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:14.09.2021 12:49:39