JUDGEMENT
D.Y.CHANDRACHUD,J. -
(1.) The applicant, Mukul Bhasin, was impleaded as the fifth respondent to a
petition under Article 136 of the Constitution which was disposed of by this Court
on 9 April 2014. The first respondent to the application was the petitioner in the
Special Leave Petition. The applicant and the first respondent were married on
11 July 2007. They have two children Ranvir, who was born on 24 July 2008 and Hridaan, born on 16 November 2011. The children are now eight and five
years old. There is a matrimonial dispute and parties have been living separately
since July 2013.
(2.) The applicant instituted a petition under the Guardian and Wards Act, 1890 (Petition 754 of 2013) before the Civil Judge (Senior Division), Gautam Budh
Nagar, UP, for dissolution of marriage and for custody of the children. The
respondent instituted a habeas corpus petition before the Calcutta High Court to
which the applicant filed an affidavit-in-opposition. An order was passed by the
Calcutta High Court refusing interim custody to the respondent. The High Court,
however, directed the applicant to bring the children on a fortnightly basis to
Kolkata on a Sunday and to allow the respondent to meet them between 11 am
and 4 pm at the residence of the respondent's advocate. This led to the Special
Leave Petition by the respondent challenging the order refusing interim custody
to her.
(3.) During the course of the hearing of the Special Leave Petition this Court recorded by its order dated 13 March 2014 that it had interviewed both the
parties and the minor children to explore the possibility of an amicable
settlement. By way of a temporary arrangement, interim custody of the children
was granted to the respondent for the duration of the ensuing school vacation
until the reopening of the school of the elder child, after which the children were
to be restored to the father. Eventually, on 9 April 2014 the Special Leave
Petition was disposed of since the order of the High Court impugned was purely
an interim arrangement which did not finally determine the rights and obligations
of the parties. However, the Court which is seized of the Guardianship Petition
was requested to expedite its proceedings and to pass final orders, as far as
possible, within three months. The interim arrangement regarding visitation
rights made by the High Court was directed to continue.;
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