Sumana Bhasin vs Neeraj Bhasin

Sumana Bhasin ...Appellant

Versus

Neeraj Bhasin ....Respondent

ORDER

From meeting the persona dramatis in this unfortunate and painful

affair, i.e., the estranged spouses and their two children what we could see

may be stated thus:

The spouses are living separately for the past three years and there

appears to be little chances of their coming together. The husband was at

least willing to talk about reconciliation but for the wife it was a closed issue

and she was not even prepared to consider the possibility. This we state

simply as a fact without holding the wife to any blame for taking that

position.

2

Their two sons, Pranav, aged fifteen years and Vishnu, aged seven

years live with the mother.

The elder son, Pranav, aged fifteen years also appeared to be quite

antagonistic towards the father. He was quite rebellious of him and did not

show any enthusiasm for meeting the father or being taken out by him. In

reply to a pointed question he said that he would meet his father no more

than once in a month. On being further pressed he conceded two meetings in

a month. We, however, got the impression that rather than meeting the father

his object was to be the escort for the younger brother when he should be

taken out by the father.

The father is fully aware of his elder son's feelings towards him and

he too does not seem to care much about the elder son.

But the position is quite different in respect of the younger son,

Vishnu. The father is quite fond of him and thinks that the younger one has

taken after him. In answer to a question by us he warmly described the time

spent by them together when he last took out Vishnu.

We also talked to Vishnu. Only seven years old, he is still almost a

babe. But by speaking to him we felt that he was not unduly ill disposed

towards the father. He seemed to be quite comfortable and happy in the

company of the father.

3

It seems to us that excepting Vishnu, who is still very small, all the

three clearly understand how each one feels about the others. It is noted

above that the elder son Pranav, is not much interested in going out with the

father for the sake of his company. But he consented to go along with the

younger brother mainly with the view to see that the young one should not

come under the father's spell. The mother was more forthright. When it was

pointed out to her that Vishnu did not appear unduly reluctant about going

out with the father she said that he is very young and could be easily won

over by the offer of material things fancied by small children. She was not

happy at all to let Vishnu go out alone with the father. As to Pranav, she said

that he was in class X and his studies did not leave him with much free time

for anything else. The intent was clearly to limit the visitation right of the

father; Vishnu should not be allowed to go alone with the father and Pranav

was too busy with his studies to be asked to go with Vishnu each time he

was taken out by the father.

It may also be stated here that earlier the father was permitted to keep

the sons overnight. But in view of some very serious allegations leveled

against him in a petition filed by the wife, the father's visitation rights were

curtailed and he was only allowed to take out the children during the day

time. Then the elder child refused to go out with him. At this stage, the court 4

directed that the father should be allowed atleast to take the younger one, if

necessary by taking the help of police.

On a careful consideration of all the material facts and circumstances,

we are of the view, that it would be quite unjust to deny the father any

meetings with Vishnu or to make it subject to the condition that he should

meet Vishnu only in the company of Pranav, to allay the apprehensions of

the mother and the elder son. In our view the following arrangement would

meet the ends of justice:

The father, Neeraj Bhasin will be free to take out Vishnu from his

mother's residence on every Saturday. On the first and third Saturdays of the

month he can keep Vishnu with him for a period of six hours, from 10 am to

4 pm. On the second and fourth Saturdays of the month the outing of Vishnu

with his father may last for eight hours, from 10 am to 6 pm. (The period of

outing is fixed by this order but the hours may be flexible and may be fixed

for the coming week subject to the mutual convenience of the parties). On

each occasion it would be open to Pranav to accompany his father and the

younger brother but Vishnu's meetings with the father as indicated above

will not be dependent upon Pranav joining him. Similarly, it will not be open

to the father not to take along Pranav if he wished to join them and to insist

that he would take out only Vishnu.

5

Before parting with the record of the case, we may say that as the

situation stands, there is a grave danger of it further deteriorating into a

competition between the husband and the wife to capture the mind and the

affections of Vishnu. Should such a situation develop, it would be most

harmful for Vishnu, as he would be likely to develop divided loyalties and

eventually a divided personality. We hope that the parents, though fighting

between themselves would not allow such a situation to arise and put Vishnu

to harm.

All the observations made here are for the purpose of this order and

any observations or comments made in this order shall not be used to the

benefit or prejudice of any of the parties in any collateral proceedings.

The arrangement as indicated above is made in view of the facts and

circumstances now being in existence. In case there is any material

development or alteration in the relevant facts and circumstances concerning

the parties it will be open to the court in seisen of the case to pass

appropriate orders in accordance with law. In such event the aggrieved party

will seek his/her remedies as may be available in law. As and when vacation

starts in the children's school it would be open to the father to move the

learned Guardianship Judge to re-fix the hours of meeting with the children

and also to ask for keeping the children with him overnight. If such an 6

application is filed the learned Judge will consider the rival contentions

(which are expressly kept open) and pass appropriate orders, in accordance

with law.

The special leave petition stands disposed of with the above

observations and directions.

....................................................J ( AFTAB ALAM )

....................................................J ( T.S. THAKUR )

New Delhi, March 18, 2010 7