(Kurian Joseph and Sanjay Kishan Kaul, JJ.)
Dr. Amit Kumar _____________________________________ Appellant
v.
Dr. Sonila and Ors. _______________________________ Respondent(s)
Civil Appeal No. 6500 of 2018 [Arising out of SLP (Civil) No. 16667 of 2018], decided on July 11, 2018
The Order of the court was delivered by
Order
1. Issue notice.
2. Mr. Amol B. Karande, Adv. who appears on caveat accepts notice on behalf of the respondents.
3. Leave granted.
4. In the application for divorce by mutual consent, it is agreed between the parties regarding custody of children as follows:
“That, petitioner No. 1 and 2 both are agree to custody of both the children’s residing with petitioner No. 1. Petitioner No. 1 will provide education, medicines and marriage of Aarokya Kumar s/o Amit Kumar. Petitioner No. 2 will provide education, medicines and medicines of Riya Kumar d/o Amit Kumar.”
5. It appears that the High Court has missed this crucial aspect while passing an order granting custody of the children to the respondent herein. Learned counsel for the respondent submits that the impugned order is on account of subsequent developments. We hardly see any such reasoning or discussion on subsequent development in the impugned order, We are, therefore, of the view that the matter requires fresh consideration by the High Court, taking into account also the Terms of the Settlement of divorce by mutual consent. We, therefore, setaside the judgment passed by the High Court and remit the matter to the High Court for fresh consideration. In the interest of the education of the children, the High Court is requested to pass fresh orders expeditiously and preferably within a period of two weeks from today.
6. The appeal is disposed of accordingly.
7. The appellant is permitted to correct the statement made at page 20 paras (N) and (O) of the special leave petition.
Civil Appeal No(s). 6500/2018 @ SLP(Civil) No. 16667 of 2018
Dr. Amit Kumar _________________________________ Appellant
v.
Dr. Sonila & Ors ______________________________ Respondent(s)
(For Admission and I.R. and IA No. 90411/2018-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)
Date : 11-07-2018 This appeal was called on for hearing today.
(Before Kurian Joseph and Sanjay Kishan Kaul, JJ.)
For Appellant(s) Mr. Arvind Kumar, AOR
For Respondent(s) Mr. Amol B. Karande, AOR
Mr. Rajasaheb Patil, Adv.
UPON hearing the counsel the Court made the following
ORDER
8. Leave granted.
9. The appeal is disposed of in terms of the signed order.
10. Pending applications, if any, shall stand disposed of.
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