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<r' $-7 AT NEW DELI{I HIGH COURT OF DELHI w.P.(cRL) 42912011
TOSHIMA RAGHUWANSHI ..... Petitioner r'a (
Through: Ms. Tania Singh, Advocate'
TOSHIMA RAGHUWANSHI ..... Petitioner r'a (
Through: Ms. Tania Singh, Advocate'
VERSUS
GOVT. OF NCT OF DELHI THR. THE COMMISSIONER OF POLICE &
ANR. ""' ResPondents
Through : Respondent No.7 in person'
ANR. ""' ResPondents
Through : Respondent No.7 in person'
CORAM:
IION'BLE MR. JUSTICE S. RAVINDRA BHAT IION'BLE MR. JUSTICE S.P.GARG
04-05.2012 The writ Petition seeks a direction against the respondents for production of her minor daughter, Nitika Raghuwanshi. It is alteged that the seventh respondent' the petitioner,s husband had abducted the daughter. After notice rvas issued by the court' the minor child was produced and custody was given over to the writ pctitioner on
07.04.2011. on that date, the court also referred the parties to mediation to resolve their differences.
The record of this case would reveal that after 01.04.2011, the petition has been adjourned on at least l1 occasions, to enable parties to arrive at final settlement' On each occasion, statement was made on both or either parties' behalf that they were in the verge of settlement. lt was informed today that in principle the parties have agreed that the custody of Nitika Raghu'uvanshi would continue to be with her mother and the seventh respondent would get visitation rights, precise details of which have not been worked-out'
It was submitted by the writ petitioner that the amount of mai'tenance for child have not been agreed upon. we are of the opinion that the essential purpose for which the writ petition was instituted has been achieved; the custody of the minor girl' Nitika has been restored to the writ petitioner.As far as the resolution of disputes between the spouses and the terms upon which visitation rights can be permitted to the seventh respondent (as well as thc maintenance amounts for the child are concerned), this writ proceeding is not an
2012:DHC:10559-DB 6l.r _a MAY 04,2012 <? 'ajk' appropriate remedy. The parties are still in the process of attempting a settlernent. They shall coptipue their efforts in that regard through the mediation process. The writ petition is disposed of in the above terms. All rights of the parties are expressly reserved.
\( l' l,*n^"*-y S. RAVINDRA BIIAT, J A4", 2012:DHC:10559-DB
04-05.2012 The writ Petition seeks a direction against the respondents for production of her minor daughter, Nitika Raghuwanshi. It is alteged that the seventh respondent' the petitioner,s husband had abducted the daughter. After notice rvas issued by the court' the minor child was produced and custody was given over to the writ pctitioner on
07.04.2011. on that date, the court also referred the parties to mediation to resolve their differences.
The record of this case would reveal that after 01.04.2011, the petition has been adjourned on at least l1 occasions, to enable parties to arrive at final settlement' On each occasion, statement was made on both or either parties' behalf that they were in the verge of settlement. lt was informed today that in principle the parties have agreed that the custody of Nitika Raghu'uvanshi would continue to be with her mother and the seventh respondent would get visitation rights, precise details of which have not been worked-out'
It was submitted by the writ petitioner that the amount of mai'tenance for child have not been agreed upon. we are of the opinion that the essential purpose for which the writ petition was instituted has been achieved; the custody of the minor girl' Nitika has been restored to the writ petitioner.As far as the resolution of disputes between the spouses and the terms upon which visitation rights can be permitted to the seventh respondent (as well as thc maintenance amounts for the child are concerned), this writ proceeding is not an
2012:DHC:10559-DB 6l.r _a MAY 04,2012 <? 'ajk' appropriate remedy. The parties are still in the process of attempting a settlernent. They shall coptipue their efforts in that regard through the mediation process. The writ petition is disposed of in the above terms. All rights of the parties are expressly reserved.
\( l' l,*n^"*-y S. RAVINDRA BIIAT, J A4", 2012:DHC:10559-DB
JUDGMENT