SHILPA AGGARWAL Vs. AVIRAL MITTAL
LAWS(SC)-2010-2-51
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on February 02,2010

SHILPA AGGARWAL Appellant
VERSUS
AVIRAL MITTAL Respondents

JUDGEMENT

Altamas Kabir, J. - (1.) By our order dated 9th December, 2009, we had disposed of Criminal Appeal No. 2357 of 2009, arising out of Special Leave Petition (Crl.) No. 5995 of 2009, without interfering with the order of the High Court impugned in the appeal. In order to ensure that the directions of the High Court were complied with by the parties, we had directed the Respondent-husband to provide the initial expenses of the Appellant-wife and her minor child for travelling to and staying in the United Kingdom for at least a month to attend and contest the proceedings initiated by the Respondent No. 1 husband before the Court of Justice, Family Division, U.K. We had also directed the matter to be listed for further orders on 15th December, 2009, to enable the Respondent-husband to submit a proposal for the travel and staying arrangements for the Appellant and her minor daughter in the U.K. for at least a month.
(2.) Pursuant to the said order, a proposal was duly filed by the Respondent-husband on 15th December, 2009, but finding the same to be inadequate, we had directed the Respondent-husband to give a detailed proposal with regard to the said arrangements. The Appellant was also directed to file a proposal as to how she intended to work out the order which had been passed on 9th December, 2009. The matter was, accordingly, listed on 29th January, 2010, to consider the fresh proposals to be made by the Respondent-husband and the views of the Appellant-wife in respect thereof.
(3.) By his application dated 23.12.2009 and filed on 12th January, 2010, the Respondent-husband, inter alia, indicated as follows: (a) That tickets had been booked by the Respondent for the Appellant and the minor child, Elina, to fly from Delhi to London by Virgin Atlantic Airways on 1st February, 2010. Upon arrival in the United Kingdom at London Airport, arrangements had been made for travel via National Express Coach Service to Swindon where the respondent resides. (b) The Respondent has a three-bed room house in Swindon, U.K., where the Appellant and Elina were welcome to stay with him, but in case the Appellant did not want to stay in the matrimonial home, she could stay in the named hotel for which bookings had been made from 30th January, 2010, till 28th February, 2010. (c) The Respondent would pay the Appellant a daily allowance of £40 a day towards maintenance, upon her arrival in the United Kingdom. (d) The Respondent was willing to reimburse any reasonable expense above £50 which the Appellant may incur for herself in the U.K. till 28.2.2010. ;


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