RUCHIKA ABBI Vs STATE OF NATIONAL CAPITAL TERRITORY OF DELHI
Bench: J. CHELAMESWAR,ABHAY MANOHAR SAPRE
Case number: Crl.A. No.-001683-001683 / 2015
Diary number: 7887 / 2015
Advocates: A. VENAYAGAM BALAN Vs
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Reportable
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1683 OF 2015
(Arising out of S.L.P.(Crl.)No. 2372 of 2015)
Ruchika Abbi & Anr. ………Appellant(s)
VERSUS State of National Capital Territory of Delhi & Anr. ………Respondent(s)
WITH
CONTEMPT PETITION (C) No. 382/2015 In
S.L.P. (CRL.) NO. 2372/2015
ORDER
Abhay Manohar Sapre, J.
(1) Leave granted.
(2) This appeal is filed against the final judgment
and order dated 07.11.2014 passed by the High
Court of Delhi at New Delhi in Writ Petition
(Criminal) No. 1735 of 2014 whereby the High Court
disposed of the Habeas Corpus writ petition filed by
the appellant herein for the production and return
of the minor daughter by issuing directions.
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3) It is not necessary to set out the facts of the
case in detail except to state that the dispute which
revolves around between the parties (wife-appellant
herein and husband-respondent no. 2 herein) is
essentially in relation to the custody of their minor
daughter-Roshni.
4) So far as this appeal is concerned, as
mentioned above, it arises out of final judgment and
order dated 07.11.2014 passed by the High Court of
Delhi at New Delhi in a habeas corpus petition
bearing W.P.(Crl.) No. 1735 of 2014 filed by the wife
against her husband seeking production and return
of her minor daughter and praying for some
consequential reliefs therein. The High Court, by
impugned judgment, disposed of the writ petition
inter alia directing the Family Court to dispose of
the main custody case.
5) This Court, during the pendency of the
proceedings, had passed some interim orders
regarding temporary custody of the child.
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6) Heard Mrs. Nitya Ramakrishnan, learned
counsel for the appellant, Mr. Jagjit Singh, learned
counsel for respondent No.1 and Mr. P.K. Dey,
learned counsel for respondent No.2.
7) Having heard the learned counsel for the
parties and having interacting with the child, we feel
that it would be just and proper to direct the Family
Court, which has seized of the main custody case
(Guardianship Case No. 115/2014) to dispose of the
pending main case, i.e., Guardianship Case No.
115/2014, on merits preferably within six months
as an outer limit strictly in accordance with law
keeping in view the paramount interest and welfare
of the child and all relevant factors necessary for
deciding the custody of minor child uninfluenced by
any of our observations.
8) During the pendency of the main custody case,
the temporary custody of the child-Roshni will be
with the respondent no. 2 - i.e. husband/father. The
respondent no. 2 will drop the child on every
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Saturday by 6.00 pm. at the petitioner’s residence
and collect the child by 6.00 pm. on the next day
(Sunday).
9) We hope, trust and expect from the appellant
and respondent no. 2 to cooperate with each other
for the sake of their minor child's welfare and taking
advantage of temporary custody of the child not to
influence her innocent mind by tutoring her and
create hatred against others for their personal
interest-a fact, which we unfortunately noticed
while interacting with the child on two occasions.
Indeed, we feel that such attempt on their part and
especially, respondent no. 2 may do more harm to
the child in long run.
10) In our view, both parties being young and
highly educated should realize such things for the
welfare of their own child and make sincere efforts
to come to mutual terms so that every one is able to
live happily and enjoy family life. Such steps, if
taken, will always be in the interest of everyone
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including the child who needs protection, guidance,
care, love and affection of both mother and father,
who were responsible to bring her in this world.
11) We, therefore, direct the Family Court to hold
regular sittings for reconciliation during the
pendency of the custody case and if considers
necessary for the welfare and interest of the child
pass any interim orders till final disposal of the
custody case.
12) With these directions, the appeal stands
disposed of finally.
13) In the light of the order passed hereinabove in
the appeal, no orders are required in the contempt
petition.
…….…. ……............................J.
[J. CHELAMESWAR]
…………..................................J.
[ABHAY MANOHAR SAPRE] New Delhi; December 09, 2015.
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