1. Heard Sri V.K. Tripathi, learned counsel for the appellant wife and Sri P.K. Jain, Senior counsel assisted by Sri Prateek Chandra for the respondent husband.
2. The appellant wife has preferred this appeal against the decree of dissolution of marriage passed by the Family court.
3. The Family court in decreeing the suit for divorce has directed the husband to admit the son Krisha in CBSC School at Delhi w.e.f. April 2018.
4. In pursuance of the order of the Family court the boy has been admitted in Col Satsangi's Kiran Memorial Public School, New Delhi and he has been put in a Boarding House.
5. Earlier, the boy who is aged about 9 years was living with his mother at Sahjahanpur. The husband is a lawyer by profession and is living in Delhi. He is practising in Delhi High Court and Supreme Court.
6. Pursuant to the order of this Court dated 1.5.2018, the record of the court below has been received. Therefore, the appeal can be heard on merits on papers books being prepared.
7. In the meantime, as it is not possible to hear the matter on merits on this side of vacations, we propose to fix date for its hearing after the vacations. However, before proceeding for the hearing on merits it would be beneficial if both the parties appear before the Mediation Center attached with the High Court and in the interest of child try to reconcile their differences and to settle the matter amicably. They are also ready and willing for the same.
8. Accordingly, we direct the record of this appeal be placed before the Mediation Center and fixing 12 June 2018 for the appearance of parties.
9. The husband would deposit a sum of Rs. 10,000/- for the purpose of mediation.
10. The Mediation Center would submit its report within two months.
11. Both the parties with the boy are present in the Court.
12. We have taken the matter in Chambers and talked with the boy separately and we are of the opinion that he is very much attached and has more affiliation towards the mother. He wishes to spend his vacation with the mother. He even expresses that his school in Sahjahanpur was better and he was more comfortable over there.
13. In view of the facts and circumstances, we direct the husband to take the boy with him to Delhi and to leave him in the Boarding House till the start of the summer vacations w.e.f. 9/10 June 2018. During the summer vacations the boy would stay with his mother and we permit her to take the custody of the boy from the school on the start of the summer vacations and to ensure that he returns to the Boarding House/School on or before the re-opening of the School.
14. Sri Jain has pointed out that apart from a sum of Rs. 10,000/- per month awarded by the Family court in these proceedings as monthly alimony, there are orders under Section 125 Cr.P.C., as well as under Section 12/19 of the Protection of Women from Domestic Violence Act, 2005 for providing maintenance etc.
15. His submission is that wife is entitle to maintenance only from one forum.
16. In view of the above, without going into the merits of the above aspect of the matter we expect the wife to elect one forum from which she wants to get the maintenance and not to proceed with the execution of the orders of maintenance passed by different foras.
17. List the appeal in court after two months ie. on 20 August 2018.