Enforcement of settlement agreements and custody arrangements in custody disputes.

JUDGMENT

Siddharth Mridul, J. (Open Court)

1. The present habeas corpus petition under Article 226 of the Constitution of India essentially prays for a direction to the private respondent Nos. 3, 4 & 5 to produce the Petitioner's minor children before this Court and thereafter hand over their custody to her on the ground that she is their biological mother.

2. Subsequent upon institution of the present proceedings, this Court, vide order dated 03.07.2023, appointed Mr. Arun Verma, Senior Advocate as a Mediator, with the consent of the parties, in order to enable them to arrive at an amicable resolution of the underlying disputes.

3. With the aid and assistance of the learned senior Mediator, the parties have arrived at a settlement dated 06.07.2023 and have caused to be filed a joint application praying that the said settlement arrived at by and between them to be made the order of the Court.

4. A copy of the said settlement agreement dated 06.07.2023 has been appended as Annexure-A to the joint application at page No. 34 of the PDF paper book. The application is duly supported by affidavits on behalf of the parties and is also signed by their respective counsels. In sum and substance, it has been agreed by and between the parties as follows:

"AND WHEREAS with the intervention/efforts of the Ld. Mediator and Ld. Counsel of both the Parties along with the parties have agreed to resolve their dispute and differences, thereby settling the issue involved pertaining to the custody and visitation rights of the minor children named above and the terms of this Settlement Agreement are as follows:

1. The First Party shall have the exclusive custody of the minor children being the natural guardian and biological mother of the children. The First Party shall be exclusively entitled to take care of their education, wellbeing, day to day activities, health, entertainment etc. The First Party further undertakes to take all necessary steps to provide the special care to both children i.e. elder son master Yuvraj who is suffering from Autism disorder and the daughter suffering from ADHD.

2. The custody of the minor children will be handed over along with their personal belongings to First Party by Second and Third Parties on 06.07.2023 in the evening at her residence i.e. F-246, Vikas Puri, New Delhi - 110018.

3. It is agreed that the Second Party (grand-mother of the children) and Third Party along with Smt. Purnima, W/o Mr. Mandoza, permanent resident of USA, both are Aunts/Buas of the minor children, shall have visitation rights physically and/ or through virtual mode.

4. It is agreed and undertaken by the First Party that she shall bring the minor children to a mutually agreed public place like a Mall, place of worship, restaurant, park etc., which should be approximately within 3 kilometers around her residence. The said meeting will be schedule for two hours for the Second Party (Daadi/grand-mother of the minor children) accompanied by an assisting relative to meet her minor grand- children on every Sunday from 4 pm to 6 pm.

5. It is agreed and undertaken by the First Party that she will allow both the Aunts/ Buas i.e. Third Party (Smt. Jyoti Rao and Smt. Purnima, to have physical meeting with the minor children, whenever they are in India at a public place like a Mall, place of worship, restaurant, park etc.

6. It is agreed and undertaken by the First Party that she will allow both Aunts/ Buas of the minor children to have video conference or telephonic call with the minor children on Saturday from 8 pm (IST) to 9 p.m. (IST).

7. It is agreed and undertaken by the First Party that she will inform the Second Party and Third Party regarding any change of her address, mobile number, email ID as well as about relocating to another city/state.

8. It is agreed and undertaken by the First Party that she will allow the Second Party and Third Party including Smt. Purnima to facilitate their love and affection to both children by sending gifts, toys,