Sandeep Singh Chandok vs.nancy - Court Judgment

SooperKanoon Citationsooperkanoon.com/1220360
CourtDelhi High Court
Decided OnJan-07-2019
AppellantSandeep Singh Chandok
RespondentNancy
Excerpt:
$~12 * in the high court of delhi at new delhi % + date of order:07. 01.2019 cont. cas. (c) no.414/2015 sandeep singh chandok ........ petitioner through: mr. ashish upadhyay, advocate with petitioner in person. nancy versus ....respondent through: ms. ekta, mr. manish kumar & mr.aman gupta, advocates with respondent in person. coram: hon'ble mr. justice vinod goel cont. cas. (c) no.414/2015 & c.m. no.32483/2018 (restoration) 1. this contempt petition was disposed of by this court on 19.07.2018 with the following order :-"“ms. ekta, learned counsel appearing on behalf of the respondent states that the respondent undertakes to withdraw the cases filed by her against the petitioner and his family members, which are pending adjudication in rohini courts and further undertakes that the respondent will co-operate in the quashing of the subject fir in the crl. m.c., which is pending adjudication before this court on the next dates of hearing i.e. 05.09.2018 and 10.09.2018, respectively. cont. cas. (c) no.414/2015 page 1 of 4 the undertaking is accepted, directing the respondent to comply with it without demur. with the above directions, the petition is disposed of. the pending application also stands disposed of.” 2. the learned counsel for the parties submit that now no litigation is pending between the parties in any court.3. the learned counsel for the petitioner/applicant submits that para 14 of the mou was not taken care of while disposing of the contempt petition by this court vide order dated 19.07.2018, which reads as under:-"“that it is relevant to mention that a daughter namely ms. sanmir was born out of the present wedlock who at present is aged about 5 ½ years and is in the care and custody of the second party. it is therefore agreed between the parties that the second party shall give visitation of the minor daughter to the first party at second party residence (3 days in a every month) 2nd saturday, 1st and 4th sunday from 9:00 am to 7:00 pm. it has further been agreed that the second party shall handover the temporary custody of the minor child every year to the first party in summer vacation for a period of 15 days and nights and for 4 days and nights in winter vacation. the first party shall handover the custody of the child back to the second party on the expiry of the respective duration of the temporary custody as aforestated and in lieu of this the first party shall not claim any further visitation or permanent custody of the child and the second party shall remain legal guardian of the child and first party will never claim permanent custody of child in future.” cont. cas. (c) no.414/2015 page 2 of 4 4. the respondent and her counsel submit that they have no objection if the custody of the child is given to the petitioner but submit that the child is not at all willing to accompany her father/petitioner.5. in the circumstances, i interacted with the minor child aged about 11 years, in the chamber. during the interaction, the minor child has stated that she has been studying in the 5th standard in akal academy, baru sahib, himachal pradesh, where her father met her several times. she further stated that she does not want to accompany her father to his house or any other place since he has remarried and has been blessed with a child out of the second marriage. she also added that she does not want to meet her paternal grandparents for certain reasons. she desired to meet her father in delhi only in the presence of her mother and has no objection if her father comes to meet her in the school in baru sahib. she has also stated that she would remain in delhi, during winter vacation, till 21.02.2019. later on, i have also interacted with both the parents of the child in the chamber and brought to their notice the wish of the child. both of them have agreed to decide mutually the place, date and time of visit of the petitioner to meet the child.6. in view of the above, keeping in mind the wishes and the paramount welfare of the minor child, it is directed that both the parents of the child shall fix a convenient place, date and time by telephone or e-mail, once a week for a meeting between the petitioner and the child, till the child is in delhi during winter vacation, i.e., cont. cas. (c) no.414/2015 page 3 of 4 21.02.2019. the child shall be brought by the mother/respondent at the agreed place and time and the child will remain with the father/petitioner once a week for two hours at the agreed place within the visible distance of her mother/respondent. similar arrangement shall be followed during the summer vacation of the child. after the winter vacation, the petitioner may meet the child in her school without causing any inconvenience and disturbing her studies. the application, being c.m. no.32483/2018, is disposed of accordingly. january07 2019 ‘aa’ (vinod goel) judge cont. cas. (c) no.414/2015 page 4 of 4
Judgment:

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Order:

07. 01.2019 Cont. Cas. (C) No.414/2015 SANDEEP SINGH CHANDOK ........ Petitioner

Through: Mr. Ashish Upadhyay, Advocate with petitioner in person. NANCY Versus ....Respondent Through: Ms. Ekta, Mr. Manish Kumar & Mr.Aman Gupta, Advocates with respondent in person. CORAM: HON'BLE MR. JUSTICE VINOD GOEL Cont. Cas. (C) No.414/2015 & C.M. No.32483/2018 (restoration) 1. This contempt petition was disposed of by this court on 19.07.2018 with the following order :-

"“Ms. Ekta, learned counsel appearing on behalf of the respondent states that the respondent undertakes to withdraw the cases filed by her against the petitioner and his family members, which are pending adjudication in Rohini Courts and further undertakes that the respondent will co-operate in the quashing of the subject FIR in the Crl. M.C., which is pending adjudication before this Court on the next dates of hearing i.e. 05.09.2018 and 10.09.2018, respectively. Cont. Cas. (C) No.414/2015 Page 1 of 4 The undertaking is accepted, directing the respondent to comply with it without demur. With the above directions, the petition is disposed of. The pending application also stands disposed of.” 2. The learned counsel for the parties submit that now no litigation is pending between the parties in any court.

3. The learned counsel for the petitioner/applicant submits that para 14 of the MOU was not taken care of while disposing of the contempt petition by this court vide order dated 19.07.2018, which reads as under:-

"“That it is relevant to mention that a daughter namely Ms. Sanmir was born out of the present wedlock who at present is aged about 5 ½ years and is in the care and custody of the Second Party. It is therefore agreed between the parties that the Second Party shall give visitation of the minor daughter to the First Party at Second Party residence (3 days in a every month) 2nd Saturday, 1st and 4th Sunday from 9:00 AM to 7:00 PM. It has further been agreed that the Second Party shall handover the temporary custody of the minor child every year to the First Party in summer vacation for a period of 15 days and nights and for 4 days and nights in winter vacation. The First Party shall handover the custody of the child back to the Second Party on the expiry of the respective duration of the temporary custody as aforestated and in lieu of this the First Party shall not claim any further visitation or permanent custody of the child and the Second Party shall remain legal guardian of the child and First Party will never claim permanent custody of child in future.” Cont. Cas. (C) No.414/2015 Page 2 of 4 4. The respondent and her counsel submit that they have no objection if the custody of the child is given to the petitioner but submit that the child is not at all willing to accompany her father/petitioner.

5. In the circumstances, I interacted with the minor child aged about 11 years, in the chamber. During the interaction, the minor child has stated that she has been studying in the 5th standard in Akal Academy, Baru Sahib, Himachal Pradesh, where her father met her several times. She further stated that she does not want to accompany her father to his house or any other place since he has remarried and has been blessed with a child out of the second marriage. She also added that she does not want to meet her paternal grandparents for certain reasons. She desired to meet her father in Delhi only in the presence of her mother and has no objection if her father comes to meet her in the school in Baru Sahib. She has also stated that she would remain in Delhi, during winter vacation, till 21.02.2019. Later on, I have also interacted with both the parents of the child in the chamber and brought to their notice the wish of the child. Both of them have agreed to decide mutually the place, date and time of visit of the petitioner to meet the child.

6. In view of the above, keeping in mind the wishes and the paramount welfare of the minor child, it is directed that both the parents of the child shall fix a convenient place, date and time by telephone or e-mail, once a week for a meeting between the petitioner and the child, till the child is in Delhi during winter vacation, i.e., Cont. Cas. (C) No.414/2015 Page 3 of 4 21.02.2019. The child shall be brought by the mother/respondent at the agreed place and time and the child will remain with the father/petitioner once a week for two hours at the agreed place within the visible distance of her mother/respondent. Similar arrangement shall be followed during the summer vacation of the child. After the winter vacation, the petitioner may meet the child in her school without causing any inconvenience and disturbing her studies. The application, being C.M. No.32483/2018, is disposed of accordingly. JANUARY07 2019 ‘AA’ (VINOD GOEL) JUDGE Cont. Cas. (C) No.414/2015 Page 4 of 4