Decided on December 08,2020

Smriti Madan Kansagra Appellant
Perry Kansagra Respondents

Referred Judgements :-



- (1.)By majority judgment dated 28.10.2020, (hereinafter referred to as the Judgment) Civil Appeal No.3559 of 2020 was dismissed with certain directions. Paragraphs 20 to 22 of the Judgment, for facility, are quoted hereunder:-
"20. In view of the aforesaid discussion, we consider it just and appropriate that the custody of Aditya Vikram Kansagra is handed over by his mother Smriti Madan Kansagra, to the father Perry Kansagra, subject to the following directions, which will take effect in supersession of the Orders passed by the Courts below:

(a) We direct Perry Kansagra to obtain a mirror order from the concerned court in Nairobi to reflect the directions contained in this judgment, within a period of 2 weeks from the date of this judgment. A copy of the Order passed by the court in Nairobi must be filed before this Court;

(b) After the mirror order is filed before this Court, Perry shall deposit a sum of INR 1 Crore in the Registry of this Court, which shall be kept in an interest bearing fixed deposit account (on auto-renewal basis), for a period of two years to ensure compliance with the directions contained in this judgment.

If this Court is satisfied that Perry has discharged all his obligations in terms of the aforesaid directions of this Court, the aforesaid amount shall be returned with interest accrued, thereon to the Respondent;

(c) Perry will apply and obtain a fresh Kenyan passport for Aditya, Smriti will provide full co-operation, and not cause any obstruction in this behalf;

(d) Within a week of the mirror order being filed before this Court, Smriti shall provide the Birth Certificate and the Transfer Certificate from Delhi Public School, to enable Perry to secure admission of Aditya to a School in Kenya;

(e) Smriti will be at liberty to engage with Aditya on a suitable video-conferencing platform for one hour over the weekends; further, Aditya is at liberty to speak to his mother as and when he desires to do so;

(f) Smriti would be provided with access and visitation rights for 50% once in a year during the annual vacations of Aditya, either in New Delhi or Kenya, wherever she likes, after due intimation to Perry;

(g) Perry will bear the cost of one trip in a year for a period of one week to Smriti and her mother to visit Aditya in Kenya during his vacations. The costs will cover the air fare and expenses for stay in Kenya;

(h) Smriti will not be entitled to take Aditya out of Nairobi, Kenya without the consent of Perry;

(i) We direct Perry and Smriti to file Undertakings before this Court, stating that they would abide and comply with the directions passed by this Court without demur, within a period of one week from the date of this judgment.

21. As an interim measure, we direct that till such time that Perry is granted full custody of the child, he will be entitled to unsupervised visitation with overnight access during weekends when he visits India, so that the studies of Aditya are not disturbed. Perry and his parents would be required to deposit their passports before the Registrar of this Court during such period of visitation. After the visitation is over, the passports shall be returned to them forthwith.

22. This appeal shall be listed before the Court after a period of four weeks to ensure compliance with the aforesaid directions, and on being satisfied that all the afore-stated directions are duly complied with, the custody of Aditya Vikram Kansagra shall be handed over by his mother Smriti Kansagra to the father Perry Kansagra."

(2.)Direction (C) issued in paragraph 20 as stated above, was modified by a subsequent Order dated 03.11.2020 passed in M.A. No.2066 of 2020 moved by the respondent, who was permitted to take Aditya to Kenya on the strength of a one time travel document issued by the High Commission of Kenya in New Delhi, and to apply for and obtain a Kenyan Passport for Aditya after his arrival in Kenya.
(3.)On 30.10.2020, the respondent filed an undertaking in this Court stating that he would abide by and comply with all the directions contained in the Judgement, without demur, and in letter and spirit. Similarly, the appellant has filed an undertaking dated 05.11.2020 to abide by and comply with the directions passed by this Court without demur.

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