IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
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2 SPECIAL LEAVE PETITION (C) NO.8160 OF 2011
Meenakshi Khandelwal .... Petitioner (s)
Versus
Shailesh Khandelwal .... Respondent(s)
O R D E R
P. Sathasivam, J.
1) By consent of both the parties, the Principal Judge, Family Court,
Raipur, vide order dated 01.02.2008, in Case No. 170-A/2007 dissolved the
marriage of the petitioner and respondent herein, solemnized on 11.12.1999,
by a decree of divorce.
2) On the application of the petitioner-mother, the Family Court granted
her the custody of the daughter-Shrestha. The father of the child-
respondent herein challenged the said order before the Division Bench of
the High Court of Chhattisgarh at Bilaspur. The High Court, by the
impugned order dated 09.11.2010 in F.A. (M) No.79 of 2010 allowed the
appeal filed by the father of the child and permitted him to retain the
custody of the child. In the same order, the High Court granted visitation
rights to the mother of the child. The said order is under challenge in
this special leave petition.
3) Considering the interest and welfare of the child, who is presently
aged about nine years and being a daughter, we directed both the parties
including their daughter to appear before us in our Chambers on 23.04.2012.
All three of them appeared on that day. Initially, we interacted with the
child separately and ascertained her views. She expressed her grievance
against her mother and prefers to stay with her father. She also informed
us that she is comfortable with her father and would like to continue her
education under his guidance only. Thereafter, we interacted with the
petitioner and the respondent separately.
4) Taking note of the welfare of the child, which is paramount and also
the right and entitlement of the petitioner-mother which is to be decided
in this SLP, as an interim measure, we pass the following order:
a) The father-respondent herein is directed to take the child-Shrestha
to the Nagpur Bench Mediation Centre on 19.05.2012 at 10 a.m.
b) The petitioner-mother is permitted to take the child-Shrestha alone
in the presence of mediators at 10 a.m. and bring her back at 6 p.m.
to the Mediation Centre and hand over the child to the respondent-
father.
c) In the same way, the respondent-father has to take the child-Shrestha
to the Nagpur Bench Mediation Centre on 02.06.2012 and again on
09.06.2012.
d) On all these dates, the respondent-father has to hand over the child-
Shrestha to her mother at 10 a.m. in the presence of mediators and the
petitioner-mother has to return the child at 6 p.m. to the father.
e) During these days, mediators are directed to observe the behavior and
relationship of the child Shrestha with her mother and father and
submit a report directly to this Court before 30.06.2012.
5) List on 09.07.2012 as Item No. 201 for consideration of the report of
the mediators and for passing appropriate orders.
...…………….…………………………J.
(P. SATHASIVAM)
.…....…………………………………J.
(J. CHELAMESWAR)
NEW DELHI;
MAY 4, 2012.
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