Supreme Court - Daily Orders
Anupriya vs Abhinav Gyan on 16 May, 2023
Bench: A.S. Bopanna, Dipankar Datta
1
ITEM NO.302 COURT NO.9 SECTION II-A
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 (Crl.) No(s). 10381/2022
(Arising out of impugned final judgment and order dated 27-09-2022
in CRLWP No. 693/2021 passed by the High Court Of Judicature At
Bombay At Nagpur)
ANUPRIYA Petitioner(s)
VERSUS
ABHINAV GYAN & ANR. Respondent(s)
IA No. 57410/2023 - APPLICATION FOR PERMISSION
IA No. 166319/2022 - APPLICATION FOR TAKING ON RECORD
IA No. 165677/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT AND IA No. 169987/2022 - EXEMPTION FROM FILING O.T.
IA No. 86029/2023 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES AND IA No. 177808/2022 - PERMISSION TO
FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES AND IA No. 171913/2022 -
PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES AND IA No.
170590/2022 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES AND IA No. 169986/2022 - PERMISSION TO
FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
Date : 16-05-2023 These matters were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE A.S. BOPANNA
HON'BLE MR. JUSTICE DIPANKAR DATTA
For Petitioner(s) Mr. Salim Inamdar, Adv.
Ms. Radhika Gautam, AOR
Ms. Shruti Kapoor, Adv.
For Respondent(s) Mr. S. S. Jauhar, AOR
Mr. Aniruddha Deshmukh, Adv.
Mr. Siddharth Dharmadhikari, Adv.
Mr. Aaditya Aniruddha Pande, AOR
Mr. Bharat Bagla, Adv.
Mr. Sourav Singh, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Signature Not Verified Having heard the learned counsel for the parties, we are Digitally signed by Nisha Khulbey Date: 2023.05.17 16:47:11 IST Reason: convinced that the parties are in the process of discussion, which would continue for some more time to arrive at a settlement. Hence, it would be appropriate to adjourn the instant case. 2 In the meanwhile, since the respondent-husband is arriving to India on a vacation, he desires to meet his child and in this regard, as noticed, this Court, through its Order dated 13.02.2022, had earlier provided such visitation rights to the respondent- husband/father of the child.
Presently, the visitation rights are sought to be enjoyed between the periods from 2nd to 7th June, 2023 at Nagpur and from 7th to 14th June, 2023 at Mumbai.
While the visitation rights are being exercised in Nagpur between 02nd to 07th June, 2023, the petitioner-wife/ mother of the child shall drop the child at 09:00 a.m. to the hotel where the respondent-husband is staying, and pick the child from the hotel at 07:00 p.m. on all days. However, liberty is reserved to the respondent-husband/father of the child to take the child out during the day but come back to the hotel by 07:00 p.m. so as to enable the petitioner-wife/mother of the child to take the child back home.
While the visitation rights are being exercised in Mumbai, the respondent-husband/father of the child shall make appropriate arrangement at his cost to book two separate rooms, one for himself and the other for the petitioner in the hotel on the same floor, and on reaching Mumbai on 07th June, 2023, the child shall be given to the interim custody of the respondent-husband/father of the child. During night, the parties shall however, ascertain the comfort of their child and accordingly, allow the overnight stay in either of the two rooms booked by the respondent-husband depending on the desire of the child. Such visitation rights in Mumbai shall be exercised till 09:00 a.m. on 14th June, 2023 and then the 3 respondent-husband shall handover the child to the petitioner-wife/ mother of the child.
To enable such process and to avoid any other consequence, the respondent-husband shall deposit his passport before the Registrar General, Principal Seat, Bombay High Court, Mumbai on 02 nd June, 2023 on his arrival from the United States. The passport shall be in deposit with the Registry of High Court of Bombay till 14 th June, 2023 and the present arrangement will cease to remain in effect from 14th June, 2023.
Needless to mention that the Registrar, Principal Seat, High Court of Bombay shall return the passport to the respondent- husband/father of the child after ensuring that the custody of the child has been handed back to the petitioner-wife/mother of the child. To enable the Registrar, High Court of Bombay to clarify the said aspect, the parties shall furnish their contact numbers to the Registrar, High Court of Bombay so that the Registrar can contact the parties and release the passport to the respondent-husband only after ascertaining that the child has been handed back to the petitioner-wife/mother of the child.
List the matter on 28th June, 2023.
(NISHA KHULBEY) (DIPTI KHURANA) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR