Nutan Gautam vs Prakash Gautam

(3) The marriage of the appellant-wife and the respondent- husband was solemnized in the year 2006. In the year 2009 a son was born to them who is named Krish alias Master Krishav Gautam. In the year 2012, respondent-husband filed a petition for divorce under Section 13(1)(ia)(iii) of the Hindu Marriage Act, 1955. The said divorce petition is decreed ex-parte by the Trial Court in favour of the respondent-husband. Digitally signed by MAHABIR SINGH Date: 2019.04.05

Satsangi’s Kiran Memorial Public School, New Delhi, and he has been put in a Boarding House of the School. By way of an interim order dated 21.05.2018, which is impugned in these appeals, the respondent-husband was permitted to take the boy with him to Delhi and to leave him in the Boarding House till the start of the summer vacations of 2018. Further, the appellant-mother was permitted to take the child in summer vacations and leave him in the School/Boarding House before the reopening of the School.

(5) The Family Court has also awarded an amount of Rs.10,000/- per month towards maintenance for the appellant-wife. In view of the plea of the respondent-husband that the appellant-wife is entitled for maintenance only from one forum, appellant-wife is directed to elect one forum to which she wants to get maintenance.

(13) From the very perusal of the order impugned, it appears that the High Court has ascertained the views of the boy and has recorded that he is very much attached and has more affiliation towards his mother (appellant herein). In that view of the matter we are of the opinion that the child, namely, Krish @ Master Krishav Gautam cannot be compelled to join in Col. Satsangi’s Kiran Memorial Public School at New Delhi. We are further of the view that in the interest and welfare of of the child, Krish @ Master Krishav Gautam shall be allowed to continue his study at Global International School, Shahjanpur. (14) Further, in the impugned order, the appellant-wife is directed to elect one forum from which she wants to get the maintenance. As the same is also not in conformity with the law, the said direction is liable to be set aside. Ordered accordingly.

(15) As the respondent-husband is a natural father of the child, namely, Krish @ Master Krishav Gautam, he is also entitled to visitation rights. We permit the respondent- husband to visit his child and he is entitled to take the child from the House of the appellant on any Sunday’s and public holiday’s whenever he visits Shahjanpur. The appellant-wife shall allow the child to leave along with the respondent-father at 09:00 a.m., and the respondent-husband to return the child 7 at the house of the appellant-wife before 06:00 p.m. on the same day. For any further modification of visitation rights respondent-father is at liberty to move the High Court with appropriate application and the same shall be considered in accordance with law, keeping in view the welfare of the child. (16) For the aforesaid reasons, Orders dated 21.05.2018 and 20.08.2018 passed by the High Court of Judicature at Allahabad in First Appeal No.316 of 2018 are set aside. We request the High Court to dispose of the appeal itself as expeditiously as possible in accordance with law.

(17) In the result, the appeals are allowed with the direction’s as indicated above. No costs.