IN THE HIGH COURT OF JUDICATURE AT PATNA FA No.241 of 2007 VIKASH MATHUR Versus VIMMI MATHUR & ANOTHER ----------- For the Appellant : Mr. Rajeeva Roy, Advocate Mrs. Pallavi Misra, Advocate For the Respondent No.2 : Mr. Manoj Kumar Jha, Advocate ---------------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal --------- Dated, the 8th September, 2008. Respondent No.1-Vimmi Mathur appears in person. She is identified by the appellant-Vikash Mathur represented by Mr. Rajeeva Roy, Advocate. The respondent no.2-Dr U.C. Mathur is also present in person. 2. An application being I.A. No.7125 of 2007 has been made by the appellant for custody of his two minor sons, namely, (i) Vikhyat Mathur and (ii) Vidit Mathur. Both these children are present in the Court. The children have been brought to the Court by their maternal grand-father-Dr. U.C. Mathur as they have been residing with him for last more than one years. 3. The elder child-Vikhyat Mathur is 11 year old, while the younger one-Vidit Mathur is 9 years of age. Both the children appear to be well composed and intelligent. In reply to our - 2 - query, they stated that they would like to stay with their father (appellant). The father resides at Ghaziabad and last met them in the month of March, 2008. The respondent No.1-Vimmi Mathur stated before us that she has remarried and now stays at Jaipur. She expressed her willingness if the custody of the two minor children was handed over to the appellant. According to Dr. U.C. Mathur- respondent no.2, it would be in the interest of the children, if their custody was handed over to their father. 4. Vikash Mathur-appellant assures us that he will take care of the two sons fully and that as of now he has no intention to remarry. 5. The respondent No.1-Vimmi Mathur submitted before us that now since she has remarried, she is not desirous of claiming any alimony from the appellant and that she has no objection, if the judgment and decree dated 30th December, 2006 passed by the Additional Principal Judge, Family Court, Patna is modified accordingly. 6. Regard being had to all relevant aspects including the wish of the children, we dispose of the appeal as well as I.A. No. 7125 of 2007 by the following consent order: (i) The judgment and decree dated 30th December, 2006 passed by the Additional Principal Judge, Family Court, Patna in Matrimonial Case No. 188/2003, save and except to the extent of dissolution of marriage, is set aside. - 3 - (ii) The appellant shall be entitled to have custody of the two minor children, namely, (i) Vikhyat Mathur and (ii) Vidit Mathur. (iii) The respondent no.1 shall have right to visit the minor children during summer and winter vacation. The place of meeting the children shall be mutually agreed to by the parties upon an advance intimation by the respondent no.1 to the appellant. (iv) The respondent No.1 will be at liberty to speak to the children on phone twice a month of 10 minutes duration each. 7. No order as to cost. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-