VANISHREE Vs. PREETAM A EKLASPUR
LAWS(SC)-2019-2-373
SUPREME COURT OF INDIA
Decided on February 22,2019

Vanishree Appellant
VERSUS
Preetam A Eklaspur Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) After hearing learned counsel appearing on behalf of the appellant-wife and learned Senior counsel appearing on behalf the respondent-husband, it is agreed that the appeals be disposed of on the following terms: 1) The Family Court will determine all issues afresh, uninfluenced by any observations made in the impugned order. 2) The Passport of the Child Baby Prisha will be surrendered to the Family Court. 3) During the interaction between the mother and the child when the vising rights are exercised, the Family Court will appoint a Child Counsellor from NIMHANS, Bangalore to interact with the child so that the said report can be submitted for the benefit of the Family Court. 4) In view of the peculiar facts of the case, the respondent-husband agrees to pay Rs.1 lakh to the appellant-wife as a one time measure in view of the stay in India over the last few months. 5) The Family Court will also examine, in case it opines against the mother, in what manner the child can visit Canada during her holidays but at the same time ensuring that the terms and conditions are such that the child comes back to India. With the aforesaid directions, the Civil Appeals are disposed of.;


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