1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT APPEAL NO. 1 OF 2008 IN CONTEMPT PETITION NO. 401 OF 2007 Mrs. Priyanka Kapur ).. Appellant Versus Divyaksh Kapur ).. Respondent Mr. Ashwin Shette a/w Ms. Swati Agarwal for the Appellant. Ms. Chitra Phadke for the Respondent. CORAM : SWATANTER KUMAR, C.J. AND A.P. DESHPANDE, J. DATED : 24TH JULY 2009 P.C. We have heard the learned Counsel appearing for the parties. The clarification sought for is that the word “and” appearing in clause 3(iii) (b) of the Order dated 8th/9th July 2008 shall be construed and read as “and inclusive of or”. 2. The Consent Terms are clear that the grand parents as well as the Respondent are entitled to the benefit of this order when they are together or the grand parents came independent of the husband. The husband is permanent resident of United States of America while the grand parents are living in Delhi and the clause independently incorporated for the purposes of visiting rights and custody rights of the grand parents was to provide their meeting rather than frustrate their purpose of the child interacting with parents and grand parents. 2 3. According to the learned Counsel appearing for the Respondent, this is not the intent of the order and “and” should be construed as “or”. We are unable to accept this contention because acceptance of this contention would clearly frustrate the very intent of the order as well as the amicable settlement that was arrived at between the parties. The order of the Court should be read and construed so as to further the intent of compromise between the parties and it is an approach would frustrate the very purpose of settlement should be avoided. 4. For these reasons, we direct that the word “and” would be inclusive of the word “or”. The grand parents would also be entitled to the rights in terms of clause 3(iii)(b) even if the Respondent husband is not there. Similar approach should be adopted for other clauses affecting any rights. 5. Parties are at liberty to move the Family Court to seek orders as they deem fit. 6. Praecipe disposed of accordingly. Parties to act on an authenticated copy of this order. CHIEF JUSTICE A.P. DESHPANDE, J.