Neha Das vs State Through SHO, PS DWRKA SEC-9 & Ors.

‘It is most respectfully prayed that this Hon'ble Court may graciously be pleased to:-

a)

Pass writ/order/directions in the nature of habeas corpus directing the respondents to produce the 7 year old son of the Petitioner namely A, and/or,

b)

Pass writ/order/directions in the nature of mandamus directing the Respondents to hand over the custody of child A, to the Petitioner and not to interfere with Petitioner's lawful custody and guardianship of her minor' son; and/or,

c)

Pass writ/order/directions in the nature of mandamus directing the Respondent no. 1to 5 to take action against Respondent no.6 to 7 for their illegal acts and omissions; and/or,

d)

Pass such other and further order(s) as this Hon'ble Court deems fit and proper;’

MEMORANDUM OF UNDERSTANDING

This Memorandum of understanding is being made on this the 14th day of August, 2023,

BETWEEN

NEHA DAS, resident of C-3/170, Plot No.170, Khasra No.15/21, Gundwara Road, Mahaveer Enclave, Palam Village, South West Delhi-110045, being hereinafter referred to as the party of the first part, which expression shall mean and include its legal heirs and assignees.

AND

MOHAMMAD FIROZ, resident, RZ-34 35, Flat No204 Westend Residences Matiala Extension, Uttam Nagar, Delhi-110059 hereinafter referred to as the party of the second part, which expression shall mean and include its legal heirs and assignees.

WHEREAS the party of the first part and Second Part, got married on 06.06.2011 and from the wedlock a son i.e. Master Arhaan Firoz, was born on 01.02.2016.

WHEREAS certain disputes and differences have so arisen between the party of the first part and Second Part, because of which they are living separately since December 2019.

WHEREAS the party of the first part and Second Part, as an interim arrangement, qua the custody of their minor son, had mutually entered into a Memorandum Of Understanding (MoU), dated:-06.05.2023, which was made part and parcel of the Order, dated 01.06.2023, as passed by the Division Bench of The Hon'ble High Court of Delhi, in W.P. (Crl.) 838 of 2023, thereby directing both the parties to remain bound by their reciprocal obligations, as undertaken in the MoU and to comply with the terms thereof, without any demur.

WHEREAS the party of the first part and Second Part, have now mutually decided to further amend the mutual interim understanding, as arrived at between the parties, vide Memorandum Of Understanding (MoU), dated:-06.05.2023, qua the interim custody of their minor son, by virtue of this final Memorandum Of Understanding (MoU), till the issue of the custody of the minor child is finally decided by the family court, Dwarka.

That now this Memorandum Of Understanding, is witnessed as under:

1.

That it is mutually decided between the parties, that the custody of the minor son would be joint and both the parties, would be equally responsible for the upbringing and welfare of their Minor Son.

2.

That it has been mutually and clearly decided between the parties, without any demur that the Custody of the Minor Son, would be with the Mother i.e. Party of the First Part from each Friday Afternoon(after the school hours) or in case of a School Holiday/Vacations, after picking up the son from 2:30 P.M onwards, from the residence of the Party of the Second Part, on Friday upto Monday Morning(till dropping of the son to the School by the Party of the First Part) or in case the school is closed/Vacations, the Party of the Second Part, would pick up the minor son from the residence of the Party of the First Part, after 9:00 A.M. on Monday. That on rest of the days of the week, the custody of the minor son would be with the father, except as agreed above.

3.

That in case the minor son for any reason is not attending the school on Monday morning, that in this scenario the Party of the First Part, would drop the minor son to the residence of the party of the Second Part at 10:00 A.M.

4.

That it has been further mutually agreed that, on the Fourth Sunday of each Calendar Month, the Custody of the Minor Son, would be with the Father i.e. Party of the Second Part. The Party of the Second Part, would pick up the minor son from the residence of the Party of the First Part, after 8:00 P.M on Saturday Night and would be responsible to drop the son to the school on Monday Morning.

5.

That it is further agreed that the Party of the First Part and the Second Part, would render their utmost cooperation to each other to make sure that the interim arrangement as agreed above, works well and would furnish an undertaking to the Hon'ble High Court of Delhi, in W.P. (Crl.) 838 of 2023, pending adjudication before the Division Bench, to remain bound by the terms of this MoU.

6.

That this agreement would come into effect from 14.08.2023 i.e. the date fixed before the Hon'ble High Court, in W.P. (Crl.) 838 of 2023, pending adjudication before the Division Bench and upon both parties furnishing their undertakings to remain bound by this agreement.

7.

That it has been further mutually decided that the Minor Son, would continue to study at Maxfort School, Dwarka, during this academic session. It is further agreed that for the purpose of the studies of the Minor Son, both the Party of the First Part and the Second Part, would be Guardians and name of both the parents would be mentioned in the school. The monthly school fees and all other expenditure towards the education of the minor son would be shared equally, by both the parties.

8.

That the parties have entered into this MoU out of their own free will and without any duress, pressure or coercion from any quarters.

This MoU is executed on the date and place first mentioned hereinabove in the presence of the following witnesses:

Witnesses: 11 AUG 2023

1.

(ANUJ SHARMA)

Neha Das Party on the First Part

2.

(Siddharth)

Party on the Second Part

ATTESTED NOTARY DELHI

11 AUG 2023