(Dipak Misra, C.J. and A.M. Khanwilkar and D.Y. Chandrachud, JJ.)
Mrs. Kanika Goel _________________________________ Petitioner
v.
The State of Delhi Thru SHO & Anr. ______________ Respondent(s)
Petition(s) for Special Leave to Appeal (Crl.) Nos. 9872-9877/2017, decided on December 15, 2017
The Order of the court was delivered by
Order
1. Issue notice.
2. As Dr. Abhishek Manu Singhvi and Mr. R.S. Suri, learned senior counsel along with Mr. Prabhjit Jauhar, learned counsel has entered appearance for the respondent No. 2, no further notice need be issued.
3. Counter affidavit be filed within two weeks. Rejoinder affidavit, if any, be filed within a week therefrom.
4. Let the matter be listed on 24th January, 2018.
5. As an interim measure, it is directed that the arrangements made by the High Court for the visitation rights shall remain in force. The petitioner-wife shall not create any kind of impediment in the meeting of the father with the child.
6. In the course of hearing, we have also been apprised by Dr. Singhvi that the Green Card issued in favour of the petitioner-wife is going to expire on 22nd December, 2017. Be that as it may, If, eventually, the petitioner loses in this proceeding and the respondent No. 2 succeeds, the expiration of the Green Card cannot be a ground to deny the custody of the child to the father. Needless to say, if the petitioner-wife intends to go to United States of America and gets the Green Card renewed, it is open for her to do so. We may also record that the husband has acceded to, as stated by the learned counsel for the respondent No. 2, that he shall not implicate her in any criminal proceeding.
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