ARVIND KUMAR Vs. NEHA MALIK

JUDGEMENT

(1.) This is an appeal against the order of the Family Court dated 21.09.2013. The respondent had sought - through an application under Section 26 of the Hindu Marriage Act - modification of the visitation rights in respect of minor child; the rights had been worked out through a settlement which was a precursor to a mutual consent decree of divorce issued by the competent court on 4.8.2011. The visitation rights were in respect of the minor son Tejas who has born on 30.08.2006. After considering the contentions of the parties during the course of which the Trial Court noticed that the respondent was not averse to visitation rights to Tejas' father, i.e., the present appellant but expressed reservations on account of the fact that she had relocated with the child at U.K., the Court permitted the mother to take the child to the U.K. subject to the condition that she would visit once in a year during the child's annual vacation and would also provide custody to the child's father for half of the period of the stay in India.

(2.) On the first date of hearing, after hearing counsel for the parties, this Court was of the opinion that so far as the merits of the appeal are concerned, no interference with the order of the Trial Court was called for. However, the appellant was directed to deposit the accumulated arrears payable in terms of the settlement dated 24.12.2010. The Court also directed the appellant to continue depositing Rs.20,000/- per month in terms of the settlement. Thereafter, the Court issued the following directions: -

(3.) The affidavit undertakings of Ms. Neha Malik, respondent (mother) and that of Mr. Rakesh Yadav to whom she is now married are on the record. Mr. Rakesh Yadav is a British passport holder; the couple is residing in London. Pursuant to the directions, the affidavit of Mr. Rakesh Yadav duly verified and attested by the Assistant Consular Officer, High Commission of India, London, dated 6.12.2013 was filed. The said affidavit as well as the affidavit of Ms. Neha Malik dated 12.12.2013 are hereby taken on the record. Both of them are bound to comply with the terms of the directions and the undertaking furnished to the Court.