Point of Law: Custody of child – Grant of custodial visitation right to father- Mother of child (custodial parent) shall not conceal the whereabouts of the child from father.

JUDGMENT :

Vivek Singh Thakur, J.

Contesting parties herein are husband and wife, who are parents of one son and hereinafter, for convenience, they shall be referred as husband and wife or father and mother as the reference may be.

2. Undisputed facts in present case are that marriage between Rohit Kalia (husband) and Sangita Sharma (wife) was solemnized on 25.4.2012 in accordance with Hindu rites and rituals. Marital life of couple was neither healthy nor happy, however out of wedlock, couple was blessed with son ‘Yuvan Kalias alias Aadvik Sharma’ on 28.10.2014, who, as such, now is about 6 and ½ years old.

3. For bitterness in relations for so many reasons, husband and wife had initiated various proceedings under various enactments against each other but involving other family members also.

4. Wife had preferred complaint under Section 12 of Protection of Women from Domestic Violence Act, complaint converted into FIR No. 284 of 2015 under Sections 406, 498-A IPC, registered in Police Station, Haroli, petition for maintenance under Section 125 Cr.P.C. and a petition for divorce under Section 13(1) (ia) and 13 (1)(ib) of Hindu Marriage Act for dissolution of marriage in Courts at Una. Whereas husband had also initiated a civil suit against wife and a petition under Section 9 of Hindu Marriage Act for restitution of conjugal rights in Civil Court, Chandigarh and also a petition under Guardian and Wards Act, 1890 at Una for custody of child and a Contempt Petition No. 332 of 2017, titled Rohit Kalia Vs. Sangita Sharma in this High Court.

5. In petition filed under Section 125 Cr.P.C., learned Judicial Magistrate had awarded interim maintenance to wife and child amounting to Rs.10,000/- each, which was reduced by learned Sessions Judge in Cr. Revision No. 62 of 2015, preferred by husband. Against reduction of interim maintenance, wife had approached this Court by way of Cr.MMO No. 191 of 2016.

6. Pending adjudication Cr.MMO No. 191 of 2016, matter was referred for mediation, and during mediation proceedings husband and wife had agreed not to pursue the issue involved in Cr.MMO No.191 of 2016 and also other matters pending intra them and it was agreed to close all the matters pending in various Courts against each other with further understanding that in HMA No. 166 of 2017 pending in the Court of District Judge, Una, titled Sangita Sharma Vs. Rohit Kalia decree for mutual divorce will be passed between the parties by this High Court on the basis of settlement arrived at and all other matters referred supra and also appeals, revisions, applications etc. arising thereto shall be deemed to have been withdrawn without any further consequence and adjudication as a result of compromise and parties were granted liberty to place on record the compromise in various Courts.

7. With reference to custody of minor child (son) of parties, it has been agreed that his custody will continue to remain with wife Sangita Sharma (mother of child), who has voluntarily, out of her own will, has agreed and undertaken to bear all legal obligation for maintenance, upbringing and ensuring the welfare of minor till he attains the age of majority without claiming any financial and other contribution of any kind from the husband (father of son) or his parents or any other relatives, except as agreed in terms of settlement. As per settlement husband (father) has undertaken to deposit an amount of Rs.3,50,000/- in the name of minor child identifying him as Yuvan Kalia alias Aadvik Sharma, by way of Fixed Deposit Receipt which shall not be withdrawn/encashed till the minor son attains the age of majority, i.e. 18 years. However, the periodical interest earned from the said FDR will be released to wife (mother) Ms.Sangita Sharma for utilization thereof exclusively on the welfare and upbringing of child and on attaining age of majority, son will be entitled to encash and withdraw the amount from the concerned bank with entitlement to use and utilize the same at his own di