The case is called out.
Learned counsel for the petitioner as well as learned A.G.A. for the State are present.
Learned A.G.A. files counter affidavit today, which is taken on record.
Pursuant to the order of the Court dated 26.09.2019, opposite party no.5-Abhishek Rai appears before the Court in person alongwith the corpus-Master Akshat Rai, aged about 4 years. The present petition is filed on behalf of Master Akshat Rai through the mother as next friend, Smt. Priya Rai who is also present in person.
Before the Court, a pleasant occassion came today in the course of hearing when the father carrying the child in his lap handed over him happily in the lap of mother. It shows, how so ever tense the relations of the married couple Smt. Priya Rai and Sri Abhisek Rai might have been but so far as the child is concerned, their love and affection is equaly being dispensed with to their child.
In the circumstances, learned counsel for the parties, as they consulted to them to express their concern before the Court with regard to the child following mutual understanding emerged out from their conversation before the Court viz;
I) Since the father is a software engineer professional, working in Lucknow and use to reside normally in Lucknow and is in the custody of the child presently. He is ready and willing to permit the mother-Smt. Priya Rai who is also a fashion designer professional working in Noida to come on the first, second and third Saturday-Sunday of every month from Noida to Lucknow at his home and visit the child. No member of the family including the opposite party no.5-Abhisek Rai or any other person on their behalf will cause any hindrance and obstructions in such visiting and meeting the petitioner-mother with the child in the home of opposite party no.5 for a period from 10:00 AM to 04:00 PM.
II) On every Sunday coming in the last week of the month, the opposite party no.5-Abhisek Rai shall also carry the child (Corpus-Master Akshat Rai) from Lucknow to Noida, at the residence of his wife-Smt. Priya Rai and will permit her to meet and live with the child for whole day. Thereafter, alongwith child, he will return to his place of residence in Lucknow again.
III) The opposite party no.5-father of the corpus will permit the petitioner-mother and the alleged detenue every day to have some words on telephone without any hindrance and for this purpose, mother-petitioner is directed to positively make call to opposite party no.5-Abhishek Rai at 08:00 P.M., who shall facilitate her in the conversation on audio and/or video call for fifteen minutes more or less.
The Court hopes the differences between the parties to this petition particularly, the mother of the corpus, Smt. Priya Rai and opposite party no.5-Abhisek Rai would reach to an amicable settlement out of Court or through the ADR process in Court, even in pending case, if any, between them. Further, all the expectations depends on the personal volition and wishes of the parties but if the same would not be made possible then for the custody of the child, both the aforesaid parents are free and at liberty to make proper application before the competent Court of law for custody of the child.
This writ petition is disposed of finally with aforesaid directions in this case.
The opposite party no.3, Sri Panne Lal, Sub Inspector who was directed to ensure the presence of opposite party no.5 alongwith the corpus, the purpose of the direction is fulfilled and now their presence is not needed hence he is discharged from further appearance.
Order Date :- 27.9.2019 Saurabh