Supreme Court - Daily Orders
Shraddha Gupta vs Sumit Jain on 3 July, 2018
Bench: S.A. Bobde, L. Nageswara Rao
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ITEM NO.44 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).10907/2018
(Arising out of impugned final judgment and order dated 13-04-2018
in WP No. 6268/2017 passed by the High Court Of Judicature At
Bombay)
SHRADDHA GUPTA Petitioner(s)
VERSUS
SUMIT JAIN Respondent(s)
(With appln.(s) for seeking permission to place subsequent events
and additional facts on record)
WITH SLP(C) No.14759/2018 (IX)
(FOR ADMISSION and I.R. and IA No.79396/2018-EXEMPTION FROM FILING
C/C OF THE IMPUGNED JUDGMENT and IA No.79394/2018-IA FOR SUBSEQUENT
EVENTS AND ADDL. DOCUMENTS and IA No.79398/2018-EXEMPTION FROM
FILING O.T.)
Date : 03-07-2018 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE S.A. BOBDE
HON'BLE MR. JUSTICE L. NAGESWARA RAO
Counsel for petitioner(s)
Mrs. Meenakshi Arora, Sr. Adv.
Mr. Nikhil Nayyar, AOR
Mr. TVS Raghavendra Sreyas, Adv.
Mr. N. Sai Vinod, Adv.
Mr. Dhananjay Baijal, Adv.
Ms. Smriti Shah, Adv.
Mr. Divyanshu Rai, Adv.
Mrs. Manjula Rao, Adv.
Mr. Nitin Sangra, Adv.
Ms. Devika Khanna, Adv.
Mrs. V. D. Khanna, AOR
Mr. Satyajit Saha, Adv.
Signature Not Verified
Mr. Yash Ahlawat, Adv.
Digitally signed by
SANJAY KUMAR
Date: 2018.07.04
Counsel for respondent(s)
14:51:42 IST
Reason:
Mrs. Manjula Rao, Adv.
Mr. Nitin Sangra, Adv.
Ms. Devika Khanna, Adv.
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Mrs. V. D. Khanna, AOR
Mr. Satyajit Saha, Adv.
Mr. Yash Ahlawat, Adv.
Mrs. Meenakshi Arora, Sr. Adv.
Mr. Nikhil Nayyar, AOR
Mr. TVS Raghavendra Sreyas, Adv.
Mr. N. Sai Vinod, Adv.
Mr. Dhananjay Baijal, Adv.
Ms. Smriti Shah, Adv.
Mr. Divyanshu Rai, Adv.
UPON hearing the counsel the Court made the following
O R D E R
We have heard learned counsel appearing for the parties and perused the record.
In the circumstances, we consider it appropriate to direct that a Commissioner be appointed for inspection of Flat Nos.1901- 1902, A Wing, Cosmic Heights, Bhakti Park, Wadala (East), Mumbai – 400037. The Commissioner shall make a report to this Court stating therein whether the aforesaid flats which are said to be joined together as one unit, can be bifurcated into two separate dwelling units with independent entrance and exits so that the parties may live peacefully. The Commissioner shall also indicate in his report what adjustments may be made in two separate dwelling units i.e. location of the living areas by an proposed plan. The Commissioner shall be an architect to be chosen from the panel of architects maintained by the Bombay High Court, and duly appointed by the learned Registrar General of the said High Court. Mrs. Manjula Rao, learned counsel appearing for the respondent-husband, states that the husband will be willing to bear the costs of the alteration involved in the two separate dwelling units which may be suggested by the Commissioner. 3
We further direct that hereinafter, the right to visit the child shall be given by the petitioner-wife to the respondent- husband in the following manner :
The husband shall pick up the child from the lobby of wife’s residence i.e. Flat Nos.1901-1902, A Wing, Cosmic Heights, Bhakti Park, Wadala (East), Mumbai – 400037, on every Monday at 7.30 P.M. and Saturday between 2 P.M. and 2.30 P.M., and shall return the child to the petitioner-wife not later than three hours on the same day. He shall also clear the arrears of maintenance, if any, within a period of three months from today.
Put up after six weeks along with the Commissioner’s Report for further hearing.
(SANJAY KUMAR-II) (INDU KUMARI POKHRIYAL) COURT MASTER (SH) ASSTT.REGISTRAR