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Nutan Gautam v. Prakash Gautam .
Factual and Procedural Background
The appellant wife has appealed against the Family Court's decree dissolving the marriage. The Family Court, while decreeing the suit for divorce, directed the husband to admit the parties' son Krisha in a CBSE school in Delhi with effect from April 2018. Pursuant to that order the boy was admitted to Col Satsangi's Kiran Memorial Public School, New Delhi, and placed in a boarding house. Earlier the boy (about 9 years old) lived with his mother in Sahjahanpur; the husband is a lawyer practising in Delhi. The High Court received the record of the court below pursuant to its order dated 1.5.2018 and proposed to hear the appeal on merits after vacations. Interim directions and procedural steps were issued, including referral to the Mediation Center, a deposit for mediation, and custody arrangements for the forthcoming summer vacations.
Legal Issues Presented
- Whether the appeal can proceed on merits after receipt of the lower court record and scheduling after vacations.
- Whether the parties should be referred to the High Court Mediation Center to attempt reconciliation in the interest of the child.
- Interim custody and schooling arrangements for the son pending further proceedings (specifically custody during summer vacations and boarding arrangements).
- Whether the wife can pursue maintenance from multiple fora simultaneously (Family Court award, proceedings under Section 125 Cr.P.C., and Sections 12/19 of the Protection of Women from Domestic Violence Act, 2005).
Arguments of the Parties
Respondent's Arguments
- Senior counsel for the respondent submitted that the wife is entitled to maintenance only from one forum, pointing to existing orders including a Family Court monthly alimony award of Rs.10,000 and orders under Section 125 Cr.P.C. and Sections 12/19 of the Protection of Women from Domestic Violence Act, 2005.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The Court noted receipt of the lower court record and that the appeal could be heard on merits after vacations. It considered it beneficial for the parties and the child to attempt mediation before proceeding to full hearing; both parties were willing. The Court directed placement of the appeal record before the Mediation Center, fixed a date for appearance, and required the husband to deposit Rs.10,000 for mediation costs, with the Mediation Center to report within two months. The Court interviewed the boy separately and found him strongly attached to his mother and preferring his prior school; taking this into account, the Court directed interim custody arrangements: the husband shall take the boy to Delhi and place him in the boarding house until the start of summer vacations (w.e.f. 9/10 June 2018); during summer vacations the boy shall stay with his mother, who is permitted to take custody from the school at the start of vacations and must ensure his return to the boarding house/school before re-opening. On the maintenance issue, without adjudicating merits, the Court expected the wife to elect one forum from which to seek maintenance and not to pursue execution across multiple fora concurrently. The appeal was listed for hearing after two months (20 August 2018).
Holding and Implications
Appeal listed on 20 August 2018; interim directions and referral to mediation ordered.
Direct effects on the parties:
- The record is to be placed before the High Court Mediation Center; parties to appear on 12 June 2018 and the Mediation Center to report within two months.
- The husband must deposit Rs.10,000 for mediation.
- Interim custody/schooling directions: the husband to place the boy in the boarding house in Delhi until summer vacations; the mother may take custody during vacations and must return the boy before school re-opening.
- The wife is expected to elect one forum for maintenance and refrain from executing maintenance orders across multiple fora simultaneously; the Court did not decide the maintenance issue on merits.
No broader precedent was announced; the decision effects interim procedural and custody arrangements between the parties and referral to mediation.
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.
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