RAJ LONSANE Vs. RUCHI LONSANE

JUDGEMENT

(1.) The petitioner has assailed an order dated 29th September, 2009 whereby two applications made by the petitioner seeking modification of order dated 23rd May, 2008 were dismissed.

(2.) Brief facts relevant for the purpose of deciding this petition are that the two children baby Adya born in December, 2003 and baby Arya born in January, 2006 are in custody of the respondent-mother. The petitioner-father filed a guardianship petition under Section 12 of the Guardianship and Wards Act seeking visitation rights and custody rights. The petitioner and respondent are living separately due to temperamental differences. The respondent is living with both the children at her parental house. The petitioner is a software consultant running his own firm. The respondent-mother is also working as a merchandiser in Liliput Kids Wear firm. The petitioner-father had voluntarily agreed to deposit Rs.10,000/- per month for daughters in a joint account to be opened by the respondent in the name of minors and herself wherein she would be the guardian. The petitioner had also undertaken that in case of need of children, he would be willing to spend more as and when informed by the respondent-mother.

(3.) Regarding custody of the children, it was agreed between the parties before the trial court that the respondent-mother would produce both the children at Spice Mall, Noida at M/s. Haldiram Restaurant on every Sunday at 11:30 a.m. and the father shall have exclusive visitation right for both daughters from 11:30 a.m. to 1 p.m. without the right to take the children out of the Mall. He was also permitted to take with him his parents on alternative visit and to give gifts and eatables to children. In case of his inability to come to visit children, he was to inform the respondent at least 24 hours in advance. A similar information was to be given by the respondent if she was not able to bring children to the said Mall on any Sunday. It was provided that respondent would not defer the visitation for more than once a month. This order was passed by mutual consent of both the parties.