Surender Singh vs Nirupam Singh

J.R. Midha, J.

CM No. 2175/2006

For the reasons stated in the application, the delay in filing of this appeal is condoned.

CM stands disposed of.

MAT.APP. No. 5/2006

The parties are present in the Court along with their respective counsels.

The appellant has cleared the entire arrears of maintenance by payment of cash amount of Rs. 20,000/- towards the maintenance from January, 2009 to 30th April, 2009 to the respondent in Court today. The future maintenance shall be paid regularly by seventh of each calendar month. The learned Counsel for the appellant submits that the future maintenance shall be sent regularly by means of a cheque by registered A.D. post to the respondent under the covering letter of the appellant''s counsel.

Master Umang is also present in the Court. The respondent has no objection to the meeting rights between the appellant and the child.

I have personally talked to the child who has shown reluctance to meet the appellant on the ground that they have not met earlier. Since the father and son have not met earlier, it is all the more important that they should meet. I have advised the child to meet the appellant who is his natural father.

With the consent of the parties, it is directed that the appellant shall visit the Police Station, Sector-56, Gurgaon on first Sunday of every month at 10:00 a.m. to collect the child and he shall return the child back by 5:00 p.m. on the same day. During the first two visits, the respondent shall also accompany the child. The appellant shall not take the child out of Gurgaon without the permission of the learned Trial Court.

The SHO, Police Station, Sector-56, Gurgaon is directed to provide appropriate assistance to the parties to comply with this order.

The appellant is working as Assistant Commandant with BSF presently posted at Manipur. In case, the appellant is not able to meet the child on the first Sunday of any month due to official exigency or otherwise, he shall send a telegram intimating the appellant about the cancellation of visit at least three days before the first Sunday of that month. The telegram should be sent to the respondent as well as the respondent''s counsel so that the respondent and the child can plan their Sunday accordingly.

During the examination period or due to some other exigency such as illness of the child, the respondent shall intimate the same to the appellant as well as his counsel by a telegram at least three working days before the first Sunday of that month so that the unnecessary visit of the appellant on that day is avoided.

The address of the appellant and his lawyer for sending the telegram are as under:

Appellant''s Address : 55 BN BSF, Kai Mai Tac HQ. Ftr. HQ. Silture Assam.

Appellant''s Counsel Address : Mr. Mohit Gupta, Advocate, 273, Lawyer''s Chamber, Delhi High Court., Sher Shah Suri Marg, New Delhi-110003. Mob. No. 9868011171

The address of the respondent and her lawyer for sending the telegram are as under:

Respondent''s Address : F-452 (G.F.), Sushant Lok-2, Sector-56, Gurgaon Mob. No. 9810992932

Respondent''s Counsel Address : Mr. J.P. Suhag, Advocate, Chamber No. 431 West Wing, Tis Hazari Court, Delhi

In case of any difficulty by the parties in compliance of this order, they are at liberty to approach the learned Trial Court.

The appeal is allowed in terms of the above directions and the impugned order is set aside.

Copy of this order be given ''Dasti'' to learned Counsel for both the parties under signatures of Court Master.

Copy of this order be also sent to the learned Trial Court for record.

The LCR be returned forthwith.