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2010 (1) Supreme 445
SUPREME COURT OF INDIA
Altamas Kabir and Cyriac Joseph, JJ.
Mrs. Shilpa Aggarwal — Appellant
Vs.
Mr. Aviral Mittal & Anr. — Respondents
CRL.M.P. No.1503 of 2010 &
CRL.M.P. No.1504 of 2010 in
Criminal Appeal No. : 2357 of 2009
Decided on : 02.02.2010
Facts of the Case :
In the instant case relating to Custody of Minor Child, Directions were given to Respondent-husband to provide initial expenses of Appellant-wife and her minor child for travelling to and staying in the United Kingdom for at least a month to attend and contest proceedings initiated by the Respondent No.1husband before the Court of Justice, Family Division, U.K. Direction was also given that the matter be listed for further orders on 15.12. 2009,to enable the Respondent-husband to submit a proposal for the travel and staying arrangements for the Appellant and her minor daughter in U.K. for at least a month.
Findings of the Court :
On the proposals and counter-proposals made for the purpose of implementing the order passed by this Court on 9.12.2009 it emerged that Appellant-wife was willing to stay with Respondent-husband in their matrimonial home at Swindon, U.K., provided he agreed to undergo psychiatric evaluation and treatment. Respondent-husband accepted the condition indicated by the appellant-wife to undergo psychiatric evaluation and treatment on his return to the U.K. Respondent-husband also had no objection to proposal of the Appellant to allow her father to accompany her and minor child to the United Kingdom and to stay with her during the period of her stay in the U.K. for the purpose of contesting the custody case. Respondent also agreed to bear ancillary expenses involved relating to admission of the child into a Nursery, day-to-day expenses for the Appellant, her daughter and her father,clothing, expenses to purchase Computer/Laptop and accessories, recreational expenses and other sundry miscellaneous expenses-Direction was given that as far as expenses for private medical treatment was concerned, Respondent-husband shall initially provide a sum of 200 for such expenses and will also arrange for medical coverage in terms of the Health Insurance and Life Insurance Cover for the Appellant, her minor daughter and her father. As far as legal expenses were concerned, Respondent shall initially pay to Appellant a sum of 2000 per month to enable the Appellant to apply for free legal assistance under the Access to Justice Act, 1999, and other connected enactments and regulations, subject always to the condition that the same are applicable to her. In the event such legal aid was available to Appellant,further payment by the Respondent towards legal expenses shall be discontinued. . In order to meet any other eventuality, Appellant-wife may make appropriate applications before High Court of Justice (Family Division),at London, in the pending custody and guardianship case.
Result : Appeals disposed of
ORDER
ALTAMAS KABIR, J.
1. By our order dated 9th December, 2009, we had disposed of Criminal Appeal No.2357 of 2009, arising out of Special Leave Petition (Crl.) No.5995 of 2009, without interfering with the order of the High Court impugned in the appeal. In order to ensure that the directions of the High Court were complied with by the parties, we had directed the Respondent-husband to provide the initial expenses of the Appellant-wife and her minor child for travelling to and staying in the United Kingdom for at least a month to attend and contest the proceedings initiated by the Respondent No.1 husband before the Court of Justice, Family Division, U.K. We had also directed the matter to be listed for further orders on 15th December, 2009, to enable the Respondent-husband to submit a proposal for the travel and staying arrangements for the Appellant and her minor daughter in the U.K. for at least a month.
2. Pursuant to the said order, a proposal was duly filed by the Respondent-husband on 15th December, 2009, but finding the same to be inadequate, we had directed the Respondent-husband to give a detailed proposal with regard to the said arrangements. The Appellant was also directed to file a proposal as to how she intended to work out the order which had been passed on 9th December, 2009. The matter was, accordingly, listed on 29th January, 2010, to consider the fresh proposals to be made by the Respondent-husband and the views of the Appellant- wife in respect thereof.
3. By his application dated 23.12.2009 and filed on 12th January, 2010, the Respondent-husband, inter alia, indicated as follows :-
(a) That tickets had been booked by the Respondent for the Appellant and the minor child, Elina, to fly from Delhi to London by Virgin Atlantic Airways on 1st February, 2010. Upon arrival in the United Kingdom at London Airport, arrangements had been made for travel via National Express Coach Service to Swindon where the respondent resides.
(b) The Respondent has a three-bed room house in Swindon, U.K., where the Appellant and Elina were welcome to stay with him, but in case the Appellant did not want to stay in the matrimonial home, she could stay in the named hotel for which bookings had been made from 30th January, 2010, till 28th February, 2010.
(c) The Respondent would pay the Appellant a daily allowance of 40 a day towards maintenance, upon her arrival in the United Kingdom.
(d) The Respondent was willing to reimburse any reasonable expense above 50 which the Appellant may incur for herself in the U.K. till 28.2.2010.
4. In response to the aforesaid offers, the Appellant-wife agreed to stay with the Respondent in their matrimonial home in Swindon along with her minor daughter and her father, till such time as they were required to stay in the U.K. for the purpose of contesting the custody case, subject to the Respondent agreeing to undergo psychiatric evaluation and treatment. The Appellant also sought the permission of the Court to allow her to be accompanied by her father to the United Kingdom for which her father was ready and willing to bear his travelling expenses. The Appellant has also wanted the expenses of her father’s stay in the U.K., for the security and support of her minor daughter and herself, to be borne by the Respondent.
5. Apart from her place of stay, the Appellant also made detailed suggestions regarding expenses that would have to be incurred by her on account of travel and commuting in the U.K., for the minor’s admission in a Child Nursery, private medical expenses, day-to-day expenses, including clothing, legal expenses, recreational expenses, expenses for acquiring a Computer/Laptop with accessories and other sundry miscellaneous expenses which would add up to an estimated 8342 per month. A direction was also sought for that the monthly expenses as indicated above for a period of six months should be deposited in the bank account of the Appellant in the U.K. before the Appellant left India for th
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