Kamlesh Kumari vs Gulshan Kumar

Swatanter Kumar, J.—During the course of hearing, the learned counsel appearing for the parties have stated that F.A.O. Nos 20M, 21M and 94M of 1997 cold be disposed of by a consented order. Ms. Kamlesh is present in the court with the child Master Ayush. She has consented to the agreed terms and conditions in the interest of minor as well as to protect her interest. The agreed terms and conditions are as follows:

i) That all the impugned orders shall stand modified to the extent and the parties would be bound by the terms and conditions stated hereinafter.

ii) Master Ayush shall be paid a sum of Rs. 1500/ per month by the father Gulshan. The amount of maintenance shall be payable by 7th of each month and the amount of the maintenance shall be deposited in the account of the wife Kamlesh maintained in the main branch of State Bank of India, Hisar.

iii) The amount of maintenance shall be payable from the date of filing of the application i.e. 29.6.1998 and the maintenance shall be payable for the month of June, 1998 as well.

iv) The fatherMr. Gulshan shall be entitled to take the custody of the child on every first Saturday of the month from the motherKamlesh. He shall be entitled to keep the child overnight and restore the custody to the mother on Sunday before 4.00 p.m.

v) The mother shall produce the child at 4.30 p.m on the said first Saturday of the month in the court of the Chief Judicial Magistrate/Duty Magistrate, Hisar from where the father of the child or his parental grandfather upon the identification would be entitled to take custody of the child for overnight.

vi) During the summer vacation, the father would be entitled to take the custody of the child for a week but if the child does not find it possible to live along with his father and his health in any manner deteriorates, the father shall be obliged to return and restore the custody of the child forthwith to the mother. The child appears to be mentally retarded, as stated by the doctors also. Therefore, this direction is necessary.

vii) If the child comfortably stays with the father, parties agree that father would be entitled to move the court for extension of period for the next summer vacation and make request to the court to grant the custody of the child to him even for half of the summer vacation or even for such other period, as the court may consider appropriate.

The above terms and conditions have been agreed upon between the learned counsel for the parties. They are just and fair and appear to be in the interest of the minor. Consequently, the above consented terms and conditions shall be considered as order of the court on consent basis. It is made clear that the aforesaid reference to the mental retardation of the child is neither the opinion of the court nor bind the parties. Further, it is made clear that this will be an interim arrangement, which will be subject to the final determination by the learned trial court, where the main petition for custody of the child is pending. The terms and conditions aforestated shall be taken as an undertaking to the court and if the father does not pay the maintenance, it will amount to violation of the order of the court.

With the above terms and conditions, this appeal stands disposed of finally.