(Uday Umesh Lalit and Aniruddha Bose, JJ.)
Smriti Madan Kansagra _____________________________ Petitioner;
v.
Perry Kansagra ___________________________________ Respondent.
Special Leave Petition (Civil) Diary No(s). 8161/2020, decided on March 12, 2020
(IA No. 38342/2020-Exemption From Filing C/C of the Impugned Judgment and IA No. 38344/2020-Permission To File SLP Without Certified/Plain Copy of Impugned Order)
Special Leave Petition (Civil) Diary No(s). 8161/2020; MATAPP(FC) No. 30/2018; IA No. 38342/2020; and IA No. 38344/2020
The Order of the court was delivered by
Order
1. Ms. Kavita Wadia, learned advocate submits that while granting visitation facility to the father of the child, the High Court vide order dated 13-4-20181 had directed as under:
“The Registrar General of this Court is directed to accept the passports of Mr. Perry Kansagra and his parents namely, Mr. Mansukh Patel and Smt. Sucheta Patel as also that of Master Aditya Vikram Kansagra on 13th April, 2018 and release the same to them after the visitation on 16th April, 2018. It is further directed that the Registrar General of this Court will accept the said passports prior to all the visitations permitted by this Court and release them after every successive visitations till the pendency of the present appeal.”
2. Ms. Wadia further submits that all the while facility of visitation was enjoyed by the father of the child only after deposit of passports in terms of the directions issued by the High Court and after the order dated 4-3-20202 passed by this Court, a communication was addressed by the petitioner to the respondent on 6th March, 2020 stating inter alia:
“Return the child to me on 15.03.2020 at 6.30PM at my residence.
I request you to also inform me by email on 12.03.2020 about the deposition of your and your parents passports.”
3. Ms. Wadia submits that the assertions so made in the email addressed to the respondent, were not adverted to in the response by the respondent. She expresses apprehension that without requirement of deposit of pass-ports, there is possibility that the child may be secreted away by the respondent.
4. She submits that appropriate notice to the other side was given that the matter would be mentioned today before the Court, however, none has remained present.
5. In the circumstances, by way of ad interim direction, we call upon the respondent to comply with the directions issued by the High Court in its order dated 13-4-20181 before enjoying the facility of visitation as granted by this Court. Let the passports be deposited in the Registry of the High Court.
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1 Smriti Madan Kansagra v. Perry Kansagra, MAT APP (FC) No. 30 of 2018, order dated 13-4-2018 (Del)
2 Smriti Madan Kansagra v. Perry Kansagra, SLP (C) Diary No. 8161 of 2020, order dated 4-3-2020 (SC)
