When the petition is taken up today, Mr. Y.H. Motiramani, learned advocate for the respondent, has submitted that the birthday of his minor son Kabir falls on 23.09.2013, which is a Monday. As per the order dated 12.12.2012, of this Court, the respondent-husband has been permitted to meet Kabir on every Saturday, between 6:00 PM and 8:00 PM, at Kankariya Lake or nearby place that may be mutually decided by the parties.
It is submitted that 23.09.2013 is not a Saturday, therefore, as per the order of this Court, the respondent would be unable to meet the child. That the respondent-husband would like to be with his minor son on his birthday, therefore, this Court may permit him to meet his son on the evening of 23.09.2013, at a time and place as thought fit by this Court.
P.J. Joshi, learned advocate for the petitioner, submits that the petitioner-wife is agreeable to the proposition that the respondent-husband can meet Kabir on his birthday, on 23.09.2013 in the evening.
In view of the consent of the petitioner and the desire of the respondent to spend some time with Kabir on his birthday, in the view of this Court, the interest of justice would be satisfied if the following order is passed:
The petitioner and the respondent are permitted to jointly celebrate the birthday of their minor son Kabir on Monday, 23.09.2013, at a place mutually agreed upon between the parties and invite friends or family members who may wish to be part of the celebrations, between 6:00 PM and 9:00 PM on 23.09.2013. The respondent-husband shall be a part of the celebrations.
It is hoped and expected that the parties will conduct themselves civilly and with maturity so that the birthday of their minor son can be a memorable and enjoyable occasion for him.
It is made clear that this order shall operate only for Monday, 23.09.2013. Thereafter, the arrangement, as specified in the order dated 12.12.2012, shall continue till further orders.
The petition be listed on 15.10.2013.
(SMT. ABHILASHA KUMARI, J.) piyush Page 3 of 3