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Km. Akshata (Minor) & Anr.Thru. ... vs State Of U.P., Thru. Prin. Secy., ...

High Court Of Judicature at Allahabad|25 March, 2014

JUDGMENT / ORDER

Hon'ble Zaki Ullah Khan,J.
We have heard learned counsel for parties and perused the pleadings of special appeal.
Towards our last order dated 13.03.2014, petitioners' father, Dr. E. Ravishankar, their mother respondent no.2-Mrs. Veena Ravishankar and her friend Ms. Mahalaxmi are present in Court.
Mrs. Veena Ravishankar is ready to condone all the commission and omission on the part of her husband and without any serious condition wants to say with him. She only stands for the emotional support her family has received from her friend Ms. Mahalaxmi, who has been looking after the petitioners-children. Dr. Ravishankar, father of the petitioners, however, appears to be unbending that Ms. Mahalaxmi shall not be allowed to stay with family under any circumstances. He states that his wife and Ms. Mahalaxmi live in lesbian relationship. He also states that the presence of Ms. Mahalaxmi has ruined his family life.
On the other hand, Mrs. Veena Ravishankar states that her husband Dr. Ravishankar wanted his share in the sale proceed of her mother's Bungalow situated in Mumbai. Soon after the death of his father-in-law, even before the immersion of his ashes, he started raising demand of money through her. Further, according to Mrs. Veena Ravishankar, such demands created difference of opinion between the couple and that is how, the dispute started. Prior thereto, she was never branded a lesbian nor did her husband register any objection to stay of Ms. Maha Laxmi. The said Maha Laxmi had even taught her husband Dr. Ravishanker how to drive vehicle in her driving school.
However, irrespective of trading of wild allegations against each other, the couple finally agrees to stay together from today with their children and Ms. Maha Laxmi, will stay in adjacent house, which Mrs. Veena Ravishankar will hire. Moreover, if the children decide to stay in company of Ms. Maha Laxmi for emotional support and the mother so thinks that it will not prejudice their interest, it would not be open for any of the parties to interfere because the interest of children is paramount.
At this stage, Mrs. Veena states that Dr. Ravishankar is earning Rs. 2,00,000/- per month including perks and now he is paying only Rs.6,000/- per month towards maintenance of children.
In reply thereto, Dr. Ravishankar states that he is willing to spend any amount for maintenance of children and wife and it is not an issue between the parties.
In the aforesaid background, we, thus, ask the parties to stay together from today with a direction to Senior Superintendent of Police, Lucknow to depute one lady police Sub-Inspector, who shall periodically visit their residence to find out as to whether the order of this Court is obeyed and to counsel the parties in the process of rehabilitation in family life. Thus, we are not required to pass any substantive direction as on today and we keep the matter pending to get the feedback.
List the matter again.
On the date to be notified by office, the parties shall appear and inform the Court about the status of their family life.
In the meantime, Dr. Ravishankar shall deposit an amount of Rs.1,00,000/- with his wife for educational expenses and maintenance of his children.
Till the next date of hearing, all other proceedings pending before the family court and any other court under the superintendence of this Court shall remain stayed.
Order Date :- 25.3.2014 akhilesh/-
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Title

Km. Akshata (Minor) & Anr.Thru. ... vs State Of U.P., Thru. Prin. Secy., ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
25 March, 2014
Judges
  • Uma Nath Singh
  • Zaki Ullah Khan