RUCHIKA ABBI &ANR. versus STATE OF NATIONAL CAPITAL TERRITORY OF DELHI & ANR.

Leave granted.

p. 901, margin A

This appeal is filed against the final judgment and order dated 07.11.2014 passed by the High Court of Delhi at New Delhi in Writ Petition (Criminal) No .. 1735 of 2014 whereby the High Court disposed of the Habe~s Corpus writ petition filed by the appellant herein for the production and return of the minor daughter by issuing directions.

p. 901, margin A

It is not necessary to set out the facts of the case in detail except to state that the dispute which revolves around between the parties (wife-appellant herein and husbandrespondent no. 2 herein) is essentially in relation to the custody ~ftheir minordaughter-Roshni.

p. 901, margin B

So far as this appeal is concerned, as mentioned above, it aris_es out of final judgment and order dated 07.11.2014 passed by the High Court of Delhi at New Delhi in 0 a habeas corpus petition bearing W.P.(Crl.) No. 1735 of2014 filed by the wife against her husband seeking production and return of her minor daughter and praying for some consequential reliefs therein. The High Court, by impugned judgment, disposed of the writ petition inter alia directing the Family Court dispose ofthe main custody case. to

p. 901, margin C

This Court, during the pendency of the proceedings, had passed some interim orders regarding temporary custody of the child. ·

p. 901, margin E

Heard Mrs. Nitya Ramakrishnan, learned counsel for the appellant, Mr. Jagjit Singh, learned counsel for respondent No.1 and Mr. P.K. Dey, learned counsel for respondent No.2.

p. 901, margin F

Having heard the learned counsel for the parties and having interacting wtth the child, we feel that it would be just and proper to direct the Family Court, which has seized of the main custody case (Guardianship Case No. 115/2014) to dispose of the pending main case, i.e., Guardianship Case No. 115/2014, on merits preferably within six months as an outer limit strictly in accordance with Jaw keeping in view the paramount interest and welfare of the child and all relevant factors necessary for deciding the custody of minor . . ~ . . . . uninfluenced by any of our observat1o~s. ·-. ·. . · · ~ - D~ring the penden~y of the mai~ c~stody case, tempo·r.ciry ~i.Jstod{ of_ the child_-RC?shni yvil_l be with responde nt' 2 ~i.e. husband/father: The respondent no. drop the child-on every Saturday by 6 .. 00 pm. will petitioner's residence and collect the child by 6.00 pm. next day (Sunday). . · · ·- . ·

pp. 901–902, margin F

We hope, trust arid expect from the appelfant respondent no. 2 to cooperate with _each other~or the their 1iiinor child's welfare and taking advafltage of temporary custody of the child not to influence her inno'cent mind tutoring her arid create hatred against others fc:>r their personal interest-a fact. which we unfortunately notic~d while interacting with the child on two occasions. Indeed. we feel that attempt on their part and especially, respondent no. 2 more harm to the child in long run.

p. 902, margin B

rn our view, both parties being young and educated should realize such things for the welfare oi their child and make sincere efforts to me to mutual terms every one is able to live happily and enjoy family life. steps, if taken, will always be in the interest of everyone including the child who needs protection, guidance, care and affection of both mother a~d father, who were responsible to bring her in this world.

p. 902, margin C

We, therefore, direct the Fa miry Court to hold sittings for reconciliation during the pendency of the custody case and if considers necessary for the welfare and of the child pass any interim orders till final disposal custody case.

p. 902, margin C

W ith the-se directions; the appeal stands disposed of finally.·

p. 902, margin G

In the light of the order passed hereinabove appeal, no orders are required in the contempt petition. Kalpana K. Tripathy Appeal disposed

p. 902, margin G