High Court of DelhiW.P.(CRL)/2832/2017

Abhijit Basak v. The State Of NCT Of Delhi & ANR

2017-11-28Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Mr. Justice I.S.Mehta2 pages

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P. (CRL) 2832/2017 ABHIJIT BASAK .....Petitioner Through: Ms Madhumita Bhattacharjee, Advocate versus THE STATE OF NCT OF DELHI & ANR.

.....Respondents Through: Ms Kusum Dhalla, APP for State/R-1 for Mr Rahul Mehra, Standing Counsel with SI Neha PS GTB Enclave.

Mr Rauf Rahim and Mr Shoaib Haider, Advocates for R-2

CORAM:

JUSTICE S. MURALIDHAR JUSTICE I.S. MEHTA

O R D E R

% 28.11.2017

1. The efforts at mediation have not succeeded.

2. The learned counsel for the Petitioner states that the proceedings initiated by Respondent No.2 against the Petitioner are pending in the Karkardooma Family Courts. She submits that the Court should pass an order facilitating period meetings of the entire family, i.e. the Petitioner and the minor son, who is in his custody, as well as the mother (Respondent No.2) and the daughter, who is with Respondent No.2, at least once in 15 days. Counsel for Respondent No.2 states that it would be best that this arrangement is left to be worked out in the proceedings pending before the Family Court, after hearing both the sides.

W.P. (CRL) 2832/2017

3. The learned counsel for Respondent No.2 states that by an order dated 27th September 2017 passed by this Court, the Petitioner had been asked to pay the school fees of Rs.24,000/- every quarter. The learned counsel for the Petitioner states that the Petitioner undertakes in that regard that the fees will be deposited directly with the school authorities or handed over to the Respondent No.2.

4. Any other claims and grievances that the parties may have against each other and for any other relief that they wish to seek should be placed before the Family Court in the pending proceedings. The purpose of the present petition having been served, the Court does not see any reason why it should be kept pending. It is expected that the parties will cooperate with the Family Court in arriving at a workable arrangement that is satisfactory to all the parties.

5. Regarding visitation rights, payment of maintenance etc., an appropriate application will be filed in the Family Court by either party in the pending proceedings. The directions issued by this Court on 27th September 2017 are interlocutory and are permitted to be suitably modified suitably by the Family Court at the request of the parties.

6. The petition is accordingly disposed of.

S. MURALIDHAR, J.

I.S. MEHTA, J.

NOVEMBER 28, 2017/rd W.P. (CRL) 2832/2017