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PRATIK JINDAL vs SHRUTI JINDAL

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$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 30.05.2024

+ CONT.CAS(C) 922/2024 & CM APPL. 33516/2024
PRATIK JINDAL ….. Petitioner
Through: Mr. Prag Chawla, Mr. Sudeep Sudan and Ms. Jaspreet Singh, Advs. with petitioner in person.
M: 9810048366
Email: pragchawla@gmail.com
versus

SHRUTI JINDAL ….. Respondent
Through: Mr. Fanish K. Jain, Adv. (Through VC)
CORAM:
HON’BLE MS. JUSTICE MINI PUSHKARNA
MINI PUSHKARNA, J (ORAL)

CM APPL. 33516/2024 (For Exemption)
1. Exemption allowed, subject to just exceptions.
2. Application is disposed of.
CONT.CAS(C) 922/2024
3. The present petition has been filed alleging willful disobedience of the judgment dated 05th January, 2024, passed by the learned Family Court in HMA No. 1258/2023.
4. Learned counsel appearing for the petitioner submits that the petitioner and his mother, along with the minor daughters, wish to travel outside India for a few days during the school vacations. He submits that the school vacations of the minor children, are till 30th June, 2024. However, in spite of repeated request of the petitioner from the month of April, 2024, the respondent is not sharing the Passport details of the minor daughters, which is required for booking of the International Trip.
5. It is submitted that the said intentional and deliberate act of the respondent, is in violation of the terms of the settlement deed dated 04th September, 2023.
6. Issue notice. Notice is accepted by learned counsel appearing for the respondent.
7. Learned counsel appearing for the respondent submits that the petitioner is not an Indian citizen any longer, and the said fact, was not disclosed at the time of entering into the settlement. He further submits that the respondent has apprehension that the petitioner may take the children out of the country, and may not return back, as he is not an Indian citizen.
8. He further submits that as per the settlement, the petitioner is allowed custody of the minor children during vacations for a period not exceeding 1/3rd of the total duration of the vacation. He, thus, submits that the respondent is ready to give custody of the children for a period of twelve days in terms of the settlement. However, he submits that the undertaking of the mother of the petitioner, who is grand-mother of the minor children, and is an Indian citizen, ought to be recorded that the children shall be in her custody for the said period of twelve days. It is further submitted that in the undertaking by the mother of the petitioner, it should be categorically stated that the custody of the minor children shall be returned to the respondent after twelve days of the interim custody, by the mother of the petitioner.
9. He further submits that the details of the Passport of the mother of the petitioner should be filed along with the undertaking, including, the details of the property which the mother of the petitioner, owns.
10. He further submits that there is no willful default by the respondent, as the respondent is ready to give interim custody of the children to the petitioner, in terms of the settlement deed.
11. Learned counsel appearing for the petitioner, on instructions, submits that he has no objection to give such an undertaking. He further undertakes that the custody of the minor children shall be given to the respondent after twelve days of the interim custody, by the petitioner and his mother, including, return of the Passports of the minor children to the respondent.
12. Accordingly, it is directed as follows:
(i) The petitioner shall file his undertaking that he shall return the custody of the minor children to the respondent after twelve days of the interim custody.
(ii) The petitioner shall also deposit the photocopy of his Passport, along with the undertaking.
(iii) The mother of the petitioner shall file her undertaking, in which it shall be categorically stated that the custody of the children shall be returned to the respondent, after the twelve days of interim custody.
(iv)The mother of the petitioner, shall also file photocopy of her Passport along with the undertaking.
(v) The mother of the petitioner shall also give details of the property owned by her, in the affidavit.
13. It is directed that in case the custody of the children is not returned to the respondent, after a period of twelve days, appropriate action against the property of the mother of the petitioner, shall be taken, in accordance with law.
14. The affidavits of undertaking shall be filed by the petitioner and his mother, within a period of one day.
15. It is directed that upon the affidavit of undertaking filed by the petitioner and his mother, scanned copy of the Passport of the minor children, shall be supplied to the petitioner forthwith.
16. It is further directed that the original Passports of the minor children shall be handed over to the petitioner for the purpose of international travel of the minor children, along with the petitioner and his mother.
17. It is directed that upon handing back the custody of the minor children to the respondent by the petitioner and his mother, the original Passport of the minor children, shall be returned to the respondent, forthwith.
18. With the aforesaid directions, the present petition is disposed of.
19. List for compliance before the Joint Registrar, on 31st May, 2024.

MINI PUSHKARNA, J
MAY 30, 2024/kr
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