Decided on October 12,2007

RAMA BERI Appellant
STATE OF DELHI Respondents


- (1.) PRAYER made in the petition is as under:- " (a) delete/modify the observations made in the order dated 21. 08. 2004, reproduced herein below and the same may be treated as non-est in the eyes of law; "during reconciliation proceedings, it was stated by the husband that he was willing to pay Rs. 10,000/- p. m. for the bringing up and schooling of both children. He was also prepared to pay maintenance of the equal amount to the wife. He stated that he had already deposited Rs. 1 lakh each in the name of children by way of FDR and he would further make fixed deposit of Rs. 4 lacs each in the name of his children. He has also agreed to pay a sum of Rs. 10 lacs to the wife, without prejudice to the rights and claims of istridhan and dowry articles etc. which shall be subject to adjudication by the Court of competent jurisdiction. Wife has also agreed that husband would be at liberty to meet the children whenever he conies to Delhi and desires to meet them. He may take the children on the last weekend of the month to Dehradun and leave them back to her on the next working day. Whenever, there are long vacations of the children, husband may take the children with him to Dehradun for a period of 2 weeks during summer vacations and for one week during winter vacations. Husband and wife both have volunteered to above arrangements. "
(2.) THE said observations are a part of an order passed by the learned additional Sessions Judge, Delhi granting anticipatory bail in FIR No. 263/04 under Section 498-A/406/34 IPC PS K. M. Pur to the petitioner.
(3.) AT the outset it may be noted that the stated voluntary arrangement noted in the paragraphs in the order dated 21. 8. 2004, deletion whereof has been prayed for, is not a condition of the anticipatory bail granted to the petitioner.;

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