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       IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

SPECIAL     LEAVE     PETITION     (C)     NO.8160     OF     2011   

Meenakshi Khandelwal                  ....  Petitioner (s)

Versus

Shailesh Khandelwal                          .... Respondent(s)

O     R     D     E     R       

P.     Sathasivam,     J.   

1) By consent of both the parties, the Principal Judge,  

Family Court, Raipur, vide order dated 01.02.2008, in Case  

No. 170-A/2007 dissolved the marriage of the petitioner and  

respondent herein, solemnized on 11.12.1999, by a decree of  

divorce.

2) On the application of the petitioner-mother, the Family  

Court granted her the custody of the daughter-Shrestha.  The  

father of the child-respondent herein challenged the said order  

before the Division Bench of the High Court of Chhattisgarh at  

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Bilaspur.  The High Court, by the impugned order dated  

09.11.2010 in F.A. (M) No.79 of 2010 allowed the appeal filed  

by the father of the child and permitted him to retain the  

custody of the child.  In the same order, the High Court  

granted visitation rights to the mother of the child.  The said  

order is under challenge in this special leave petition.

3) Considering the interest and welfare of the child, who is  

presently aged about nine years and being a daughter, we  

directed both the parties including their daughter to appear  

before us in our Chambers on 23.04.2012.  All three of them  

appeared on that day.  Initially, we interacted with the child  

separately and ascertained her views.  She expressed her  

grievance against her mother and prefers to stay with her  

father.  She also informed us that she is comfortable with her  

father and would like to continue her education under his  

guidance only.  Thereafter, we interacted with the petitioner  

and the respondent separately.

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4) Taking note of the welfare of the child, which is  

paramount and also the right and entitlement of the  

petitioner-mother which is to be decided in this SLP, as an  

interim measure, we pass the following order:

a) The father-respondent herein is directed to take the  

child-Shrestha to the Nagpur Bench Mediation Centre on  

19.05.2012 at 10 a.m.      

b) The petitioner-mother is permitted to take the child-

Shrestha alone in the presence of mediators at 10 a.m.  

and bring her back at 6 p.m. to the Mediation Centre and  

hand over the child to the respondent-father.   

c) In the same way, the respondent-father has to take the  

child-Shrestha to the Nagpur Bench Mediation Centre on  

02.06.2012 and again on 09.06.2012.   

d) On all these dates, the respondent-father has to hand  

over the child-Shrestha to her mother at 10 a.m. in the  

presence of mediators and the petitioner-mother has to  

return the child at 6 p.m. to the father.   

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e) During these days, mediators are directed to observe the  

behavior and relationship of the child Shrestha with her  

mother and father and submit a report directly to this  

Court before 30.06.2012.   

5) List on 09.07.2012 as Item No. 201 for consideration of  

the report of the mediators and for passing appropriate orders.  

...…………….…………………………J.            (P. SATHASIVAM)                                  

 .…....…………………………………J.    (J. CHELAMESWAR)  

NEW DELHI; MAY 4, 2012.  

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