High Court of DelhiW.P.(CRL)/3620/2017

Anshu Kumari v. Sho Sangam Vihar & ORS

2017-12-22Hon'Ble Mr. Justice Vipin Sanghi,Hon'Ble Mr. Justice P.S.Teji2 pages

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3620/2017 ANSHU KUMARI .....

Petitioner Through:

Ms. Anastasia Gill and Ms. Leena Saxena, Advocates versus SHO SANGAM VIHAR & ORS .....

Respondent Through:

Mr. Prashant Singh for Mr. Rahul Mehra, Standing Counsel, GNCTD Advocate with SHO Kuldip Yadav & Insp. Anish Kumar & SI Durgadas, PS Saket Mr. Ravi Kumar Tomar and Ms.

Budhimati Jha, Advocate for respondent no.3

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 22.12.2017 Issue notice. Notice is accepted on behalf of the State. Respondent no.3 Sh. Rajesh Kumar is present in court along with his counsel. He has tendered in court his vakalatnama, which is taken on record. Respondent no.3 has produced the minor child, namely, Jyotsna, of the petitioner and respondent no.3.

Respondent no.3 has provided his current residential address at Mumbai, which is as under:

604, Shree Shivdarshan, Viscariya T.P. Road, Bhandra (West) Mumbai-400078

He has also provided his mobile phone number - 8286979789. Respondent no.3 undertakes to this court that the said residential address and the mobile phone number shall not be changed without prior intimation in writing to the petitioner.

Respondent no.3 states that Jyotsna is presently studying in S.M. Shetty School, Mumbai in 4th Grade.

Since the child has been produced, no further orders are called for in the present petition, as, even according to the petitioner, the custody of the child, as per agreement, has been entrusted to respondent no.3/ father. Learned counsel for the petitioner submits that the petitioner has not been able to meet the child for the last three years, since the whereabouts of respondent no.3 were not known till recently. Respondent no.3 states that the petitioner has full visitation rights and she is free to meet the child Jyotsna.

Since the child has been produced, we direct that the petitioner should be allowed to spent time with the child today. The meeting shall take place at the Children's Room in the Mediation Centre annexed to this Court. In case the petitioner wishes to pursue any other rights in relation to visitation or custody, it is open to her to initiate appropriate proceedings in the appropriate forum.

The petition stands disposed of in the aforesaid terms. VIPIN SANGHI, J P.S.TEJI, J DECEMBER 22, 2017 sr