Chander Shekher Neerav v. Kanika Chanana

1. Appellant impugns order dated 14.11.2022, whereby the Respondent-mother has been permitted to travel to Germany with the Child Master Divik Neerav for her professional course and stay.

2. After some arguments, learned counsels for the parties under instructions for the parties who are also present in court agree that the appeal be disposed of in the following terms: i) The respondent – mother is permitted to travel to Germany with the child Master Divik Neerav for her professional course of two years and is also permitted to stay in Germany, thereafter for a further period two years to gain professional experience. ii) Respondent has no objection in case the appellant also shifts to Germany for some professional progression/employment during the said period and in case he shifts to Germany she would have no objection in granting him visitation and access to the child from time to time as mutually agreed between the parties. iii) After the completion of four years (two years professional course plus two years professional experience) respondent shall return to India with the Child. iv) During the time when both respondent and the child have vacations and can travel to India and the appellant wishes to meet the child, he shall at his own expense provide economy class confirmed return air tickets to the respondent and the child, to and fro Germany. v) During the period that the child is in Delhi during vacations, attempt would be made mutually by the parties to provide at least 50% of the time with the father. vi) It is also agreed between the parties that during the time of visitations, efforts would be made by the parties to provide overnight access of the minor child to the appellant. However, overnight access shall be provided after parties have attempted day visitation for the child and the child is comfortable with overnight stay. vii) It is also agreed between the parties that the respondent shall provide the address of her residence in Germany and also provide her vacation schedule within two weeks of reaching Germany. She shall also provide the details of the school in which the child is admitted to after reaching Germany as well as the vacation schedule of the said school. viii) Respondent shall also keep the appellant informed of the regular educational progress of the child. ix) Appellant shall also be provided online video conferencing access to the child from time to time as per the mutual convenience of the parties. Video conference access shall be provided to the child for at least one hour on every Saturday and Sunday. This, of course, would be subject to the comfort and convenience of the child. It would be open to the appellant to join his family members during the video conferencing with the child. x) Appellant is also be permitted to travel to Germany to meet the child during the vacations of the child. xi) Appellant hereby gives his no objection for grant of VISA to the child Master Divik Neerav for travel and stay as aforesaid to Germany. Appellant also undertakes that in case of any requirement he shall appear before the German Embassy for facilitating the grant of VISA. xii) Respondent also undertakes in case the appellant applies for a VISA to travel to Germany to meet the respondent and the child, she shall provide all assistance as may be required for processing of the VISA. xiii) The undertakings of the Parties are accepted. xiv) It is, however, directed that in case the appellant does not grant his no objection or causes any hindrance in the grant of VISA, the custody of the child shall be deemed to be that of the mother and the Embassy of the Federal Republic of Germany is requested to process the VISA of the child “Divik Neerav” deeming the mother to be legal guardian of the child in terms of this order.

3. Respondent shall file an affidavit of undertaking, undertaking that she shall abide by the terms and conditions agreed herein.

4. Both the parties undertake to withdraw respective contempt proceedings initiated against each other i.e., contempt proceedings filed by respondent before this Court in respect of the impugned order and contempt proceedings filed by appellant before the Family Court, Tis Hazari in respect of order dated 20.04.2022, passed by the Family Court. Tis Hazari in HMA No.3569/2021.

5. It is also agreed that during the winter break from 31.12.2022 till 08.01.2023, appellant shall be provided day visitation to begin with, commencing from 01.01.2023 on every alternative day. It is agreed that the parties shall take the child to a play area to be determined by the appellant. Respondent is permitted to be present in the vicinity.

6. The appeal is disposed of in the above terms.

7. It is clarified that this order is without prejudice to the rights and contentions of the parties in other collateral proceedings.

8. Keeping in view the cooperation that the parties have shown in disposal of the appeal, we express hope that the parties would be able to reconcile their differences amicably and cohabit as a happy family in the future. We also hope that the parties would be able to celebrate the 9th Birthday of the child, which is on 04.02.2023 with the child together amicably and happily.

9. Order dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J DECEMBER 22, 2022/‘rs’ SUDHIR KUMAR JAIN, J