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NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL  NO(S). 9340/2018 (ARISING FROM SLP (C) NO.30761/2016)

RAJIV VIJAYASARATHY RATNAM                         APPELLANT(S)

                              VERSUS

SAVITHA SEETHARAM                                  RESPONDENT(S)

J U D G M E N T

KURIAN, J.

Leave granted.

2. The parties are before this Court, aggrieved by

the interim order dated 08.09.2016 passed by the High

Court  of  Karnataka  at  Bangalore  passed  in  C.C.C.

No.1236 of 2015.  The dispute pertains to the custody

of their child.  Since the main matter is pending

before the High Court, we do not propose to deal with

the merits of the matter.  We make it clear that

during the pendency of C.C.C. No.1236 of 2015 before

the High Court, arrangement regarding custody, made

by  the  Family  Court,  Bangalore,  shall  continue  to

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operate.   However,  the  exchange  point  shall  be

Tirumala  Tirupati  Devasthanam  Temple,  Melleshwaram,

Bangalore.  The child will be picked up and dropped

at  the  Tirumala  Tirupati  Devasthanam  Temple,

Melleshwaram,  Bangalore,  on  the  designated  date  by

5:30  P.M.  in  the  evening.   The  visitation  of  the

appellant/father  for  22.09.2018  will  stand

substituted to 15.09.2018.

3. However, we further make it clear that the child

shall not be taken out of the country without leave

of  the  High  Court.   We  also  restrain  both,  the

appellant  and  the  respondent  from  instituting  any

fresh litigation in relation to the pending disputes

be it criminal or civil against each other or the

members of their family or against the school where

the child is now studying, namely, National Academy

for Learning, Bengaluru, or advocates on either side,

without express permission from the High Court.

4. We are informed that the School has incurred an

amount  of  Rs.1,70,252/-  towards  travel  and  other

incidental expenses.  50% of the said amount shall be

paid by the appellant and the remaining 50% shall be

paid  by  the  respondent,  within  three  weeks  from

today.

5. In  view  of  the  apprehensions  expressed  by  the

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School  Authorities  regarding  interference  of  the

parents, we make it clear that it will be open  to

the School Authorities to restrain their entry to the

premises  of  the  school.   However,  we  direct  the

Principal  of the  School to  keep informed  both the

parents on their mobile numbers and e-mail addresses

regarding any activities in the school where both the

parents  can  participate.   The  appellant  and  the

respondent are directed to furnish details of their

mobile numbers and e-mail address to the Principal of

the School.  We also restrain both the parents  from

unnecessarily  communicating with the school.

6. We  direct  the  Family  Court  to  dispose  of  the

divorce  petition,  in  accordance  with  law,

expeditiously,  preferably  within  a  period  of  six

months.  We are informed that O.S. No. 1305/2013 are

pending  before  41st Additional  City  Civil  Court,

Bangaluru  and  CCC  No.19847/2012  pending  before  6th

ACMM, Bangaluru.  We also direct the Courts concerned

to  dispose  of  the  above  mentioned  matters

expeditiously and preferably within six months from

today.

7. The appeal is, accordingly, disposed of.

8. Pending  applications,  if  any,  shall  stand

disposed of.

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9. There shall be no orders as to costs.

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

.......................J.               [SANJAY KISHAN KAUL]  

NEW DELHI; SEPTEMBER 11, 2018.