W.P.(CRL)/3418/2016 of ATINDRA KHANNA Vs STATE OF NCT OF DELHI & ORS

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3418/2016, Crl.M.A.18636/2016, Crl.M.A.7703/2017, Crl.M.A.9253/2018, Crl.M.A.11580/2018 & Crl.M.A.11990/2018 Crl.M.A.9253/2018, Crl.M.A.11580/2018 & Crl.M.A.11990/2018

ATINDRA KHANNA

..... Petitioner Through: Mr. Attin S. Rastogi, Adv.

versus

STATE OF NCT OF DELHI & ORS ..... Respondents

Through: Mr. Rahul Mehra, Standing Counsel.

Mr. Akshay Malik, Adv. for R2 and R3.

CORAM:

JUSTICE S. MURALIDHAR JUSTICE VINOD GOEL

06.09.2018

1. The child counsellor’s report is detailed one. It suggests that given the specific needs of the child which involves remaining consistent and on schedule, focussing on the positives and with each parent having to take the child for everyday activities to ensure that he remains relatively stress free and most importantly to give him quality time, the child should preferably stay with one parent for longer duration and not split his time by spending short durations of one or two weeks with each as that could traumatise him further.

2. The Court accepts this suggestion and both counsel, very fairly, have also agreed to this broad proposal that the child stays with each parent for longer duration.

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3. As suggested by the child counsellor, the child shall stay with the mother for month and to facilitate the easy transition, the father, i.e. the Petitioner, will familiarise the mother with the child’s school activities and routines during the first week. It is directed that from today, for period of one month, i.e. till 8[th] October 2018, the child will stay with the mother and this is on the express understanding that the mother during this period will not travel out of India for any reason whatsoever. It is also on the express understanding that quality time will be given to the child by ensuring that he has his everyday activities and remains stress free and focussing on positives.

4. The Court also accepts the further suggestion and directs the school authority to send by e-mail to both parents the child’s attendance sheet once week.

5. As far as the visitation of the Petitioner is concerned, as suggested by the Petitioner, he will be permitted to spend two hours with the child, excluding travel time, either on every Friday (after school hours) or on Saturday (preferably between 11 AM and 4 PM) subject to the convenience of the child. The actual modality of working this out could be mutually discussed by the Petitioner with Respondent No.2.

6. After school hours today, the Petitioner will go and drop the child off at the house of Respondent No.2 and the above directions will be worked out accordingly. If the parties require the assistance of their respective lawyers as far as the Petitioner familiarising Respondent No.2 with the school routines and other routines of the child, they are free to do so.

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7. After 6[th] October 2018, the mother will work out schedule for leaving the child with the father and the child will remain with the father for period of three months thereafter. Upon the expiry of the said three months, the exercise will again be repeated with the child remaining with the mother for month. This entire arrangement be worked, as suggested by the child counsellor, for one year, after which the position can be reviewed. The visitation rights for the mother during the time when the child is with the father for period of three months will be on the same basis as the visitation rights of the father when the child is with the mother.

8. The Court appreciates the positive attitude displayed by both the Petitioner and Respondent No.2 in prioritizing the child’s interest and notes that they have agreed to work together to ensure that he is given the best possible ambience.

9. If there is any difficulty in working out the above directions, it will be open to the Petitioner and Respondent No.2 to apply for directions. The child counsellor’sreport be kept in sealed cover.

10. The petition and the pending applications are disposed of in the above terms.

S. MURALIDHAR, J.

SEPTEMBER 06, 2018

“sandeep”

VINOD GOEL, J.

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