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Court proposes mutual consent terms to couple in child custody case PDF Print E-mail
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Written by Express News Service   

Mumbai: The Bombay High Court on Friday proposed terms of mutual consent to a South African national, Rishi Nandlal, who is fighting for his four-year-old son’s custody with his wife Deepti Nandlal, an Indian Citizen.

The court has directed Rishi (46) to file his reply on whether he agrees to the court’s terms on September 10. Meanwhile, the custody of the child will continue to remain with the mother, the court said.

A division bench of Justice B H Marlapalle and Justice D B Bhosale gave the proposal to Nandlal while hearing the case in their chamber. According to the proposal, he is directed to deposit Rs 5 lakh as fixed deposits in the name of his son and the interest accrued would be reinvested. He also has to pay a monthly maintenance of Rs 5, 000 to the child and Rs 10,000 to Deepti. And if he comes down from South Africa, he will be allowed to stay overnight with his son on the condition that he deposits his passport with the court.

Earlier, the court spoke to the couple as well as the child in their chamber. As interim relief, the court had given the custody of the child to his 34-year-old mother. Speaking to reporters, Deepti’s lawyer Mukesh Vashi said, “This is the proposed order and if Rishi agrees to the order, this will be final.” If not, the matter will be argued further, he added.

The court, in the proposal, also said that “as of now, the father may not get the custody of the child but he can visit the child. In the long vacations, the child can spend half the time with each parent but within the city”. If at all Rishi wanted to modify the order, if agreed, then he can do it only after a period of three years, the court observed.

According to Deepti, the boy, who was born on July 16, 2004 in Durban, South Africa, was living there till December 2006 before he came to Mumbai with her. Within eight days of their arrival, she filed a petition for her son’s legal custody and divorce from Rishi alleging ill-treatment. In her petition, Deepti has said that she can take care of her child as she was in a better position to look after her son with the support of her family.

 



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