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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO(S). 211  OF 2017 (ARISING FROM SLP(C) NO.29031 OF 2015)

KESHAV ARJUN CHARANIA    APPELLANT(S)                                   VERSUS

INDIRA KESHAV CHARANIA RESPONDENT(S)

J U D G M E N T KURIAN, J.

1. Leave granted. 2. The appellant is before this Court, aggrieved by an interim order passed by the High Court.  The issue pertains to the custody of the minor child by name Priyanka. 3. Having heard learned counsel on both sides, it is very clear that they have no objection in continuing the  earlier  arrangement  of  2nd and  4th Saturday overnight access, till the matter is finally disposed of by the High Court. 4. Consent  terms  for  access  dated  10.03.2011, agreed and signed by the parties read as follows:-

“CONSENT TERMS FOR ACCESS Both  the  parties  have  arrived  at

following settlement regarding access to the respondent-mother: 1. Both the parties state that they have a daughter by name Priyanka aged 10 years presently  staying  with  the

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petitioner-father. 2. It is agreed between both the parties that  the  mother-respondent  shall  avail access to their daughter on every 2nd and 4th Saturday  overnight  access.   The Respondent-mother  shall  come  to  the residence of the petitioner-father where the  daughter  Priyanka  stays  at  near Sahakar  Cinema  Chembur  and  take  her  to her  house  at  Ghatkopar  and  return  her back on following Sunday at 5.00 p.m. 3. Said  access  shall  commence  from April-2011 onwards. 4. Both  the  parties  shall  maintain  the diary  where  the  access  timing  shall  be maintained by both of them.

Petitioner      Before me    Respondent 10th March, 2011”

5. According  to  the  learned  counsel  for  the respondent, the appellant has not been honouring the consent  terms  for  access,  though,  it  is  otherwise disputed by the learned counsel for the appellant. 6. Be that as it may, since the matter is pending before the High Court, we do not want to go into the merits of the matter.  It is made clear that the overnight custody on 2nd and 4th Saturday arrangement in terms of consent terms for access dated 10.03.2011 will continue and will be strictly complied with till the matter is finally disposed of by the High Court. In case there is any difficulty in implementation of this order, it will be open to the parties to seek appropriate clarification from the High Court. 7. With the above observations and directions, the appeal stands disposed of.

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8. Pending  application(s),  if  any,  shall  stand disposed of.  

.......................J.               [KURIAN JOSEPH]  

.......................J.               [A.M. KHANWILKAR]  

NEW DELHI; JANUARY 06, 2017.

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