Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 9340/2018
(ARISING FROM SLP (C) NO.30761/2016)
RAJIV VIJAYASARATHY RATNAM APPELLANT(S)
VERSUS
SAVITHA SEETHARAM RESPONDENT(S)
J U D G M E N T
KURIAN, J.
Leave granted.
2. The parties are before this Court, aggrieved by
the interim order dated 08.09.2016 passed by the High
Court of Karnataka at Bangalore passed in C.C.C.
No.1236 of 2015. The dispute pertains to the custody
of their child. Since the main matter is pending
before the High Court, we do not propose to deal with
the merits of the matter. We make it clear that
during the pendency of C.C.C. No.1236 of 2015 before
Signature Not Verified
Digitally signed by
NARENDRA PRASAD
Date: 2018.09.13
13:06:55 IST
Reason:
the High Court, arrangement regarding custody, made
by the Family Court, Bangalore, shall continue to
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operate. However, the exchange point shall be
Tirumala Tirupati Devasthanam Temple, Melleshwaram,
Bangalore. The child will be picked up and dropped
at the Tirumala Tirupati Devasthanam Temple,
Melleshwaram, Bangalore, on the designated date by
5:30 P.M. in the evening. The visitation of the
appellant/father for 22.09.2018 will stand
substituted to 15.09.2018.
3. However, we further make it clear that the child
shall not be taken out of the country without leave
of the High Court. We also restrain both, the
appellant and the respondent from instituting any
fresh litigation in relation to the pending disputes
be it criminal or civil against each other or the
members of their family or against the school where
the child is now studying, namely, National Academy
for Learning, Bengaluru, or advocates on either side,
without express permission from the High Court.
4. We are informed that the School has incurred an
amount of Rs.1,70,252/- towards travel and other
incidental expenses. 50% of the said amount shall be
paid by the appellant and the remaining 50% shall be
paid by the respondent, within three weeks from
today.
5. In view of the apprehensions expressed by the
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School Authorities regarding interference of the
parents, we make it clear that it will be open to
the School Authorities to restrain their entry to the
premises of the school. However, we direct the
Principal of the School to keep informed both the
parents on their mobile numbers and e-mail addresses
regarding any activities in the school where both the
parents can participate. The appellant and the
respondent are directed to furnish details of their
mobile numbers and e-mail address to the Principal of
the School. We also restrain both the parents from
unnecessarily communicating with the school.
6. We direct the Family Court to dispose of the
divorce petition, in accordance with law,
expeditiously, preferably within a period of six
months. We are informed that O.S. No. 1305/2013 are
st
pending before 41 Additional City Civil Court,
th
Bangaluru and CCC No.19847/2012 pending before 6
ACMM, Bangaluru. We also direct the Courts concerned
to dispose of the above mentioned matters
expeditiously and preferably within six months from
today.
7. The appeal is, accordingly, disposed of.
8. Pending applications, if any, shall stand
disposed of.
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9. There shall be no orders as to costs.
.......................J.
[KURIAN JOSEPH]
.......................J.
[SANJAY KISHAN KAUL]
NEW DELHI;
SEPTEMBER 11, 2018.