BARNALI DUTTA Vs. AMIT MALIK

JUDGEMENT

(1.) (Oral) - The Order Impugned before this Court is the order dated 06.08.2011 vide which the petitioner wife had been granted interim custody of the minor child Shaurya Malik between 09.08.2011 to 16.08.2011 (both days inclusive); admittedly the child is on vacation in this intervening period; the husband had also been directed to furnish indemnity bond in the sum of Rs. 2 lacs with a surety of the like amount to ensure that he would keep the child with utmost care and would deliver back the child to the Court on 16.08.2011 at 10:00 AM. This order has been impugned before this Court.

(2.) Learned counsel for the petitioner wife has pointed out that the child is not accustomed to the father; he has not remained in his custody since the time of the separation of the parents which was in April, 2010; the impugned order calls for an interference as the child is traumatized and is not in a mental state of mind to join the father.

(3.) The matter was mentioned in the morning. On the request of the parties, the parties were called to chamber along with the child. Matter has been taken up at 03:00 PM. The Court has interacted with the child separately as also in the presence of the father and the mother. Child is 51/2 years of age; he is comfortable in the presence of his father; he appears to be willing to join the company of the father but at the same time his loyalties are towards his mother and his apprehension appears to be more to the effect that his mother may not like his joining his father. The mother is to join her job in Dubai tomorrow i.e. 09.08.2011; her flight is scheduled at 07:00 PM. The child is more comfortable in joining the company of his father tomorrow; he wishes to spend tonight with his mother. After some discussion in the chamber it has been agreed between the parties that the father shall pick up the child from the house of the mother (house of the Nani) at 04:00 PM tomorrow and thereafter the child will remain in the interim custody of his father till 16.08.2011 when as per agreement between the parties, the father shall go to Dubai and drop the child back at the residence of his mother. This shall be positively on or before 08:00 PM on 16.08.2011. This agreement has been arrived at as the petitioner wife states that it would be difficult for her to come back to India to take the child on 16.08.2011 as it had earlier been agreed.