(J. Chelameswar and Adarsh Kumar Goel, JJ.)
Ruchika Abbi & Anr. ______________________________ Petitioner(s)
v.
State of National Capital Territory of Delhi & Anr. _____ Respondent(s)
CRLMP. No. 7687/2015 in Petition(s) for Special Leave to Appeal (Crl.) No(s). 2372/2015, decided on May 14, 2015
The Order of the court was delivered by
Order
At 10.50 a.m.
1. List the matter in the Chamber at 2.00 p.m.
At 2.00 p.m.
2. The child in person is present on the directions of this Court made in the morning in the pre-lunch session.
3. The child, whose custody is the subject matter of the petition, is produced by the respondent no. 2 father in the Chambers. We interacted with the child. The child appeared absolutely comfortable with her stay with the father and paternal grand parents.
4. Admittedly, the mother of the child is away from India and we are informed that she is in United States in connection with her employment and is likely to return within a short time.
5. In the circumstances, we deem it appropriate to direct the Registry to list the special leave petition on the 2nd July, 2015 for hearing. In the meanwhile, the child will continue in the custody of respondent no. 2 father. However, as and when the petitioner mother returns to India, she is entitled to take the custody of the child in terms of the impugned order of the High Court subject to further condition that the mother will surrender her passport to the Registry before taking custody of the child.
6. Learned counsel appearing on either side have assured the Court that they will not take any steps before any other Court, until further orders passed by this Court.
7. Crl MP No. 7687/2015 is disposed of accordingly.
8. Liberty to file counter affidavit in the special leave petition.
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