Supreme Court - Daily Orders
Prabhat Singh vs Shweta Yadav on 8 March, 2021
Bench: Sanjay Kishan Kaul, R. Subhash Reddy
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.831 OF 2021
(Arising out of SLP(Civil)No.9457 of 2020)
PRABHAT SINGH YADAV Appellant(s)
VERSUS
SHWETA YADAV Respondent(s)
O R D E R
Application for permission to place subsequent events on record is allowed.
Leave granted.
In terms of order dated 18th November, 2020 we were persuaded to issue notice in view of the probity of the conduct of the Principal Judge who had passed the order and who post retirement became the counsel for the respondent. Whereas some explanation has been forthcoming in this behalf, it is hardly satisfactory. Suffice to say that the parties decided to work out their disputes in terms of our order dated 15th February, 2021. We may notice that the first motion of divorce had already been passed and the problems cropped up thereafter. It appears that the problems arose on account of the fact that the respondent-wife wanted to keep the custody of the daughter.
Signature Not VerifiedDigitally signed by Anita Malhotra Date: 2021.03.12 17:02:16 IST Reason: It was agreed to before us in the proceedings on 15 th February, 2021 that the appellant is not averse to the custody of the daughter being with the respondent subject to appropriate visiting 2 rights for himself/his family members. A joint prayer was made to pass a decree of divorce by invoking jurisdiction under Article 142 of the Constitution of India.
We were of the view that it may be appropriate to file a formal application but that is not come to pass and the reason for the same is apparent from the subsequent events sought to be brought on record. We have perused the subsequent events and are in agreement with the contention of the appellant that the kind of restrictions being put on visiting rights are wholly unsustainable.
Learned senior counsel for the respondent, on instructions from the respondent, submits that this court may iron out the visiting rights and the parties are willing to go ahead with the motion of divorce. It is in the conspectus of the aforesaid, we have heard the parties.
We have perused the pleadings and the documents on record. We are of the view that the marriage inter se the parties has irretrievably broken down and the parties conscious of the same themselves had brought forth the first motion of divorce by mutual consent which was passed. We, thus, consider appropriate to consider the present proceedings in the nature of a second motion of divorce and there being no impediment to the same, and exercising our jurisdiction under Article 142 of the Constitution of India, grant a decree of divorce to the parties by mutual consent under Section 13-B of the Hindu Marriage Act, 1955. Decree sheet be drawn up accordingly.
3Next we turn to the issue of visiting rights. We consider appropriate to provide as under:
1) The custody of the child will remain with the respondent-
mother, the child being a girl aged about six years at present.
2) The appellant-father will have visiting rights twice a month over the weekend. On one of the weekends he can take the child for six hours with him as we are informed that he would be staying in a hotel. In the second visit, the appellant will be entitled to keep the child over night with him and thus the total period of visiting rights would be 24 hours.
3) The summer and winter vacation shall be equitably shared between the two parties and the first half can be with the father and the second half with the mother. It is always open to the parties to exchange this period if both of them agree.
4) On birthdays and such similar occasions, the appellant can visit the child and take her out for a period of three hours.
5) On occasions like Diwali, Holi and festivals, the same will be shared between the two parties.
6) In case there are some marriages within the family of the appellant and the child has to be taken for the said purpose for a couple of days, that shall also be permissible. We may emphasize that it is necessary that the appellant should also encourage interaction of the child with the paternal grandparents and visit them at their abode. 4
7) We are of the view that from time to time certain aspects may require to be ironed out if the parties are not in agreement and we consider appropriate to put a mechanism in place for the said purpose. In the eventuality of such a difference of perception, the matter will be referred to the Mediation Centre annexed to the Madras High Court and the decision of the Mediator in modalities of working out the visiting rights shall be adhered to by the parties.
8) The appellant will also have the right to periodically make phone call to the daughter to talk to her but the conversation should not be unnecessarily prolonged.
9) Insofar as the visiting rights to the school is concerned, it may not be appropriate to visit the child in the school but on special occasions like annual functions etc. the mother will inform the father and he can join the function. Copies of the report card of child will also be forwarded to the father.
10) The school fee of the child shall be shared by both the parties.
11) Needless to say that as and when the child comes of age and desires to get married, both the parties will contribute equitably towards the marriage functions of the child. We are also of the view that this should bring to end all proceedings initiated by either the appellant or the respondent against each other. All proceedings will stand withdrawn and/or quashed whether civil and criminal in nature by the parties against 5 each other.
The appeal accordingly stands disposed of with an advice to the parties that they may now live their life separately without any acrimony but should never endeavour to make the child a pawn in their past dispute.
......................J. (SANJAY KISHAN KAUL) ......................J. (R.SUBHASH REDDY) New Delhi, March 08, 2021.
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ITEM NO.27 Court 9 (Video Conferencing) SECTION XI
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). 9457/2020
(Arising out of impugned final judgment and order dated 06-01-2020 in FA No. 199/2017 passed by the High Court of Judicature at Allahabad) PRABHAT SINGH Petitioner(s) VERSUS SHWETA YADAV Respondent(s) (IA No. 8077/2021 - APPLICATION FOR DIVORCE IA No. 117256/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 08-03-2021 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE R. SUBHASH REDDY For Petitioner(s) Mr. Prem Prakash, AOR For Respondent(s) Mr. V.Shekhar,Sr.Adv.
Mr. Rajeev Kumar Dubey,Adv. Ms. Saroj Tripathi, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is disposed of in terms of the signed order.
Pending applications shall also stand disposed of.
(ANITA MALHOTRA) (POONAM VAID)
COURT MASTER COURT MASTER
(Signed order is placed on the file.)