(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)
Petitions for Special Leave to Appeal (Crl.) No(s). 9872-9877/2017, decided on January 24, 2018
The Order of the court was delivered by
Order
1. Heard Mr. Kapil Sibal, learned senior counsel along with Ms. Malavika Rajkotia, learned counsel for the petitioner and Dr. A.M. Singhvi, learned senior counsel along with Mr. Prabhjit Jauhar, learned counsel for the respondents.
2. Though, we are not inclined to interfere with the interim arrangement made by the High Court yet, regard being had to some grievances of both the parties, we intend to pass an order clarifying the position.
3. Having heard learned counsel for the parties, it is directed as follows:
(i) Whenever respondent No. 2 is available in India, he shall intimate the petitioner by E-mail and also forward a copy of the said E-mail to the counsel for the 3petitoner so that she can make the child available for meeting with the father at Promenade Mall, Vasant Kunj between 5.30 P.M. to 7.30 P.M. on weekdays and 11.00 A.M. to 2.00 P.M. on holidays when the school is closed.
(ii) When the father will be meeting the child, they shall meet without any supervision.
(iii) When the father is not in India, there can be communication/interaction through Skype at about 7.30 P.M.(Indian Standard Time) or any other mode on line.
(iv) The passport of the child, which is presently with the father, shall be handed over to the mother for a period of one week so that she can take appropriate steps to complete certain formalities for admission of the child in a school. This direction is without prejudice to the final result in the special leave petition. The passport shall be returned by Ms. Malavika Rajkotia, learned counsel for the petitioner to Mr. Prabhjit Jauhar, learned counsel for the respondents.
4. Let the matter be listed on 19.02.2018 at 2.00 P.M. for final disposal.
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