Matrimonial dispute: Height of discontent between husband and wife: 23 cases between them
May 2, 2019:
Height of discontent between husband and wife
Supreme Court has observed that an effort for settlement should be made between husband and wife who are parties to several cases.
A bench of Justice Banumathi and Justice Nazeer has passed the order in case titled INDRANIL MUKHERJEE vs JAYEETA MUKHERJEE on 30.04.2019.
There were several disputes between husband and wife and therefore they decided to live separately. Children were with the mother. Since husband was unable to meet the minor children, an application was filed for a direction upon the wife to permit the husband to visit the children and to have an interim custody pending adjudication of an application for permanent custody. Wife raised an objection to the visitation of the petitioner on the premise that his conduct is very much doubtful and harmful not only towards her but also the minor children. The learned Judge in the Trial Court observed that there is hardly any possibility of retrieving and / or reviving the relationship between the warring parents but equally it is the duty of the Court to see the welfare of the minor children. The Court held that the father has every right to meet his children and directed such visitation to be held on every Friday in the Court premises between 3 pm to 5 pm.
An application for revision was filed by the husband assailing the order of trial court by which the application for visitation of the minor children is disposed of permitting the petitioner to meet the child on every Friday between 3 pm to 5 pm at Court premises provided the Court remains open on such date.
The High Court in the revision opted for an innovative way. It observed “I feel that the place of visitation suggested by the Trial Court shall not be in welfare of the child. This Court feels that homely atmosphere is necessary for such visitation and requests Mr. Anupam Dasadhikari, a practicing advocate of this Court, who lives in a nearby vicinity of the minor children’s place of residence, to act as a Special Officer and provide a place at his residence for such visitation”.
This procedure remained in operation for some time. But then again the husband chosen to assail the order and therefore he approached the Supreme Court.
On 18.01.2019, the Supreme Court modified the innovative step taken by the High Court and directed “The petitioner may pick-up the children from the complex gate of the respondent at 3 p.m. on every Saturday and also take them to the Eco-Park/Nicco Park, which is stated to be nearby the residence of the respondent. The petitioner will drop the children at the complex gate of the respondent on the same day at 5 p.m”.
On 30.04.2019, the Supreme Court appears to have extended the time period by passing an order as “In continuation of the earlier orders of this Court, the petitioner-father is permitted to pick up both the children on every Saturday at 10 a.m. and drop them at 4 p.m. on the same day. The petitioner-father is permitted to take the children either to park or to the mall”.
It is here that we come to know the scale of war between husband and wife. The Supreme Court noted “It is stated that there are about 23 cases pending between the parties. It is also stated that the respondent-wife has also filed the divorce petition”.
The Supreme Court then chosen to give a chance to husband and wife to settle their future course by directing as “In view of above, we request Mr. Sanjay Hegde, learned senior counsel, to talk to the parties and make an effort to settle the disputes between them”.
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