Supreme Court - Daily Orders
Jatin Kantilal Karani vs Rishita Jatin Karani . on 4 May, 2017
Bench: Madan B. Lokur, Deepak Gupta
OUT TODAY
ITEM NO.55 COURT NO.5 SECTION XVIA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
I.A. 4 & 5 in Transfer Petition(s)(Civil) No(s). 1230/2016
JATIN KANTILAL KARANI Petitioner(s)
VERSUS
RISHITA JATIN KARANI & ORS. Respondent(s)
(For directions and Office Report)
Date : 04/05/2017 These applications were called on for hearing
today.
CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR
HON'BLE MR. JUSTICE DEEPAK GUPTA
For Petitioner(s) Mr. Shyam Divan, Sr. Adv.
Mr. Ranjan Kumar, AOR
Mr. Sanjay Kumar, Adv.
For Respondent(s) Mr. P. Chidambaram, Sr. Adv.
Mr. Shivaji M. Jadhav, Adv.
Mr. Brij Kishor Sah, Adv.
Ms. Astha Deep, Adv.
For M/s. S.M. Jadhav And Company
UPON hearing the counsel the Court made the following
O R D E R
We have heard learned counsel for the parties. There is agreement between them with regard to the conduct of the proceedings pending between the parties.
The proceedings are as follows:-
i) Custody Petition No. D-42/2016 filed by the petitioner – husband pending in the Family Court, Bandra, Mumbai under Sections, 7, 9, 12 & 17 of the Guardian and Wards Act 1890. Signature Not Verified Digitally signed by MEENAKSHI KOHLI Date: 2017.05.04 17:00:39 IST
ii) Reason: Petition No. A-1634/2016 filed by the petitioner – husband for 1 restoration of conjugal rights pending in the Family Court, Bandra, Mumbai under Section 22 of the Special Marriage Act, 1954.
iii) CRMA No. 513/2016 filed by the respondent – wife pending in the Family Court, Vadodara, Gujarat for maintenance under Section 125 of the Code of Criminal Procedure.
iv) CRMA J-2154/2016 filed by the respondent – wife pending before the Judicial Magistrate First Class, Vadodara, Gujarat under the Domestic Violence Act.
Learned counsel for the parties are agreed that these proceedings may be conducted through video conferencing. It is kept open to the parties to appear in person or through their counsel, if necessary, in the Court in which the proceedings are pending other than through video conferencing.
In view of the above, nothing further survives in the transfer petition before us. The transfer petition is disposed of.
However, there is still an issue of access that the petitioner – husband desires to have to the two children i.e. Ishaan aged 7 1/2 years and Vihaan aged 3 years.
The elder child is in a school in Vadodara, Gujarat and the school is likely to be closed for summer vacation from 08.05.2017 for a period of six weeks. The younger child is in a play school.
The petitioner – husband desires to have access to the two children during the vacation. The general issue about custody and visitation rights etc. can be decided in due course of time.
Under these circumstances, we request the Family Court, Bandra, Mumbai that the hearing in Custody Petition No. D-42/2016 be fixed on 09.05.2017 preferably at 12.00 Noon. We request the 2 learned Judge to try and take a decision on the vacation access as soon as possible and preferably within two or three days.
It has also been brought to our notice that the learned Mediator had spent about 69 hours in trying to mediate the disputes between the parties but was unsuccessful in doing so.
The parties who are present in-person say that they would like to compensate the Mediator for the time and effort he has put in it by giving an honorarium of Rs. 2,50,000/- each making a total of Rs.5 lacs through a demand draft/cheque.
Interim orders staying proceedings before the various courts including Family Court, Bandra are vacated.
We request the concerned courts and parties to co-operate in the proceedings through video conferencing.
(Meenakshi Kohli) (Sharda Kapoor)
Court Master (SH) Court Master (NS)
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