(Kurian Joseph and A.M. Khanwilkar, JJ.)
Soumitra Kumar Nahar _____________________________ Petitioner;
v.
Parul Nahar _____________________________________ Respondent.
Petition(s) for Special Leave to Appeal (C) No(s). 6201/2016, decided on September 7, 2017
(With IA No. 67690/2017-Permission to Appear and Argue in Person and IA No. 69086/2017-Intervention Application) With SLP(C) No. 16032/2016 (XIV) Conmt. Pet.(C) No. 634/2017 in SLP(C) No. 6201/2016 (XIV) SMC(C) Nos. 9-10/2017 (XIV)
The Order of the court was delivered by
Order
1. With reference to our order dated 25.08.2017, we are happy to note that the learned counsel on both the sides, with due instruction from the parties, have submitted the following plan for all the three vacations i.e. Dussehra, Diwali and Winter Vacation:—
“For Dussehra Break – 28.09.2017 (Check out 12.00 noon – 3.00 p.m.) to 03.10.2017 (Check in 10.00 a.m. to 3.00 p.m.)
Mr. Soumitra Kumar Nahar can pick up Ms. Sanjana from the School on 28.09.2017 and she can remain with him till 2 p.m. on 30.09.2017. Thereafter, Mr. Nahar shall give the custody of Ms. Sanjana to Mrs. Parul Nahar at 2 p.m. on 30.09.2017 in New Delhi. Consequently, Ms. Sanjana shall remain with Mrs. Parul Nahar for the remainder of her Dussehra break and she would drop her back to school on 03.10.2017 by 3 p.m.
For Diwali Break – 16.10.2017 (Check out 12.00 noon to 3.00 p.m.) to 23.10.2017 (Check in 10.00 a.m. to 3.00 p.m.)
Mr. Soumitra Kumar Nahar can pick up Ms. Sanjana from the School on 16.10.2017 and she can remain with him till lunch on 19.10.2017. Post lunch on 19.10.2017, Mr. Soumitra Kumar Nahar shall hand over custody of Ms. Sanjana to Mrs. Parul Nahar in New Delhi and thereafter Ms. Sanjana shall ramain with Mrs. Parul Nahar for the remainder of her Diwali break. Mrs. Parul Nahar will drop Ms. Sanjana back to school on 23.10.2017.
Winter Vacation
Mr. Soumitra Kumar Nahar shall pick up Ms. Sanjana from the All Saints School on 12.12.2017 and Shravan from Sherwood College on 23.11.2017 the children shall remain with him till half of the winter vacations respectively. After half of vacation of each child he will handover the children to Mrs. Parul Nahar in New Delhi and thereafter children shall remain with Mrs. Parul Nahar for the remainder of her Winter vacations. Mrs. Parul Nahar shall drop both the children back to respective schools at Nainital after completion of vacations.
Dussehra Break for Shravan
Mr. Soumitra Kumar Nahar will pick up Shravan from Sherwood College on 29.09.2017 and handover Shravan to Mrs. Parul Nahar on 30.09.2017 @ 2 p.m. Mrs. Parul Nahar will drop Shravan to Sherwood School @ 5 p.m. on 30.09.2017. Subject to the approval of Principal of Sherwood College.
Diwali Break for Shravan
Mr. Soumitra Kumar Nahar will pick up Shravan from Sherwood College on 15.10.2017 and handover Shravan to Mrs. Parul Nahar on 19.10.2017 @ 2 p.m. Mrs. Parul Nahar will drop Shravan to Sherwood College @ 2.00 p.m. on 22.10.2017.”
2. We direct the Principal of both the Schools i.e. All Saints College and Sherwood, Nainital, to inform both the parents, in advance, the events in which the presence of the parents is required. We also direct the Principal of both the Schools to act according to the order, as above, and also facilitate a suitable time for both the children to meet occasionally.
3. For further directions, post on 26.10.2017 at 1.45 p.m. before the same Bench.
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