Preeti Kasana v. The State NCT of Delhi & Ors.

1. The present writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure 1973 (Cr.P.C), was instituted on behalf of the petitioner, praying as follows:- “a) Issue an appropriate writ, order or direction in the nature Habeas Corpus to the Respondent No.1 or any other state instrumentalities to immediately trace and produce the minor child before this Hon'ble Court. b) To Deliver the custody of the minor child to the Petitioner/mother. c) To pass an order directing the Respondent No.2 and 3 to coorporate for the production of minor child before this Hon'ble court without creating any hindrance. d) To pass any order/ order(s) thereby as it deems fit and proper to this Hon'ble Court in interest of justice.”

2. The writ petition was disposed of vide order dated 22.03.2023, which is reproduced herein below, with the following directions: “Mr. Ravinder Bainsla, the estranged husband of Ms. Preeti Kasana, the petitioner herein, has appeared before this Court and stated that their 8 year-old minor daughter, namely, Ms. „A‟, is currently studying in the IIIrd Standard, at Doon International School, Pari Mahal, 32, Curzon Road, Panchpuri Colony, Dalanwala, Dehradun, Uttrankhand-248001. The said school is stated to be a boarding school. Mr. Ravinder Bainsla, undertakes that he shall not cause any let or hindrance, if Ms. Preeti Kasana, the biological mother of Ms. „A‟, visits the latter, on every 4th Saturday of the month. Ms. Preeti Kasana, also undertakes that she shall not cause any let or hindrance, if Mr. Ravinder Bainsala, visits Ms. „A‟ on every 2nd Saturday of the month – the days on which visitation is permitted by the aforesaid school. Directed accordingly. The said undertakings furnished by the parties, are hereby accepted. The Principal and the authorities of the Doon International School, are directed to permit Ms. Preeti Kasana, to visit her daughter and take her out of the school premises, subject to the rules of admission of the Institution. In view of the foregoing, learned counsel appearing on behalf of the petitioner, on instructions from the latter, who is present before this Court in-person, does not pray for any other relief. The interim arrangement arrived at hereinabove, with the consent of the parties, shall continue to operate till the time the same is modified, varied or set-aside by the Court of competent jurisdiction, in an appropriate proceeding, in accordance with law. With the above directions, the present habeas corpus petition is disposed of accordingly. Needless to state that the parties are at liberty to approach the Court of competent jurisdiction, in relation to the custody/visitation rights of their minor daughter or any other proceeding, as may be considered appropriate, in the facts and circumstances of the case.”

3. Subsequently, respondent No. 2/Mr. Ravinder Bainsla, the father of Ms. „A‟, the minor daughter, has instituted an application under Section 482 of the Code of Criminal Procedure (Cr.P.C), 1973, seeking certain directions from this Court, praying as follows:-

4. This Court has interacted at length in Chambers, on multiple occasions, with the minor daughter Ms. „A‟, as well as, the estranged couple, pursuant to which interim arrangements were made to facilitate the interaction of Ms. „A‟ with Mr. Ravinder Bainsla, the respondent No.2.

5. On 09.05.2023, learned counsel on behalf of the parties, informed this Court that the parties are making an endeavor to reach at an amicable resolution of the dispute that forms the subject matter of the present habeas corpus petition; in the paramount interest of the welfare of their minor daughter.

6. Learned counsel appearing on behalf of Ms. Preeti Kasana, the petitioner herein, as well as, Mr. Ravinder Bainsla, the respondent No. 2 herein, on instructions from the latter, who are present before this Court in-person today, state in unison that the parties aforementioned have entered into a Memorandum of Understanding (MoU), dated 12.05.2023, a copy of which has been handed over in the Court today.

7. Let the same be taken on the record.

8. A perusal of the said MoU entered into by and between the parties, reflects that, they have mutually agreed with the terms and conditions contained therein, which are also reproduced herein below:-