IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRL.M.P. NO.1503 OF 2010 &

CRL.M.P. NO.1504 OF 2010 IN

CRIMINAL APPEAL NO.2357 OF 2009

Mrs. Shilpa Aggarwal  … Appellant Vs.

Mr. Aviral Mittal & Anr.     … Respondents

O R D E R

ALTAMAS KABIR, J.

1. By our order dated 9th December, 2009, we had  

disposed  of  Criminal  Appeal  No.2357  of  2009,  

arising  out  of  Special  Leave  Petition  (Crl.)  

No.5995 of 2009, without interfering with the order  

of the High Court impugned in the appeal.  In order

to ensure that the directions of the High Court  

were complied with by the parties, we had directed  

the  Respondent-husband  to  provide  the  initial  

expenses of the Appellant-wife and her minor child  

for travelling to and staying in the United Kingdom  

for at least a month to attend and contest the  

proceedings  initiated  by  the  Respondent  No.1  

husband  before  the  Court  of  Justice,  Family  

Division, U.K.  We had also directed the matter to  

be listed for further orders on 15th December, 2009,  

to  enable  the  Respondent-husband  to  submit  a  

proposal for the travel and staying arrangements  

for the Appellant and her minor daughter in the  

U.K. for at least a month.

2. Pursuant to the said order, a proposal was duly  

filed by the Respondent-husband on 15th December,  

2009, but finding the same to be inadequate, we had  

directed the Respondent-husband to give a detailed  

proposal with regard to the said arrangements.  The  

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Appellant was also directed to file a proposal as  

to how she intended to work out the order which had  

been passed on 9th December, 2009.  The matter was,  

accordingly,  listed  on  29th January,  2010,  to  

consider  the  fresh  proposals  to  be  made  by  the  

Respondent-husband and the views of the Appellant-

wife in respect thereof.

3. By his application dated 23.12.2009 and filed  

on 12th January, 2010, the Respondent-husband, inter  

alia, indicated as follows :-

(a) That tickets had been booked by the Respondent  

for the Appellant and the minor child, Elina,  

to fly from Delhi to London by Virgin Atlantic  

Airways on 1st February, 2010.  Upon arrival in  

the  United  Kingdom  at  London  Airport,  

arrangements  had  been  made  for  travel  via  

National Express Coach Service to Swindon where  

the respondent resides.

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(b) The Respondent has a three-bed room house in  

Swindon, U.K., where the Appellant and Elina  

were welcome to stay with him, but in case the  

Appellant  did  not  want  to  stay  in  the  

matrimonial home, she could stay in the named  

hotel for which bookings had been made from  

30th January, 2010, till 28th February, 2010.

(c) The Respondent would pay the Appellant a daily  

allowance  of  ₤40  a  day  towards  maintenance,  

upon her arrival in the United Kingdom.

(d) The  Respondent  was  willing  to  reimburse  any  

reasonable  expense  above  ₤50  which  the  

Appellant may incur for herself in the U.K.  

till 28.2.2010.

4. In  response  to  the  aforesaid  offers,  the  

Appellant-wife agreed to stay with the Respondent  

in their matrimonial home in Swindon along with her  

minor daughter and her father, till such time as  

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they were required to stay in the U.K. for the  

purpose of contesting the custody case, subject to  

the  Respondent  agreeing  to  undergo  psychiatric  

evaluation  and  treatment.   The  Appellant  also  

sought the permission of the Court to allow her to  

be accompanied by her father to the United Kingdom  

for which her father was ready and willing to bear  

his travelling expenses.  The Appellant has also  

wanted the expenses of her father’s stay in the  

U.K., for the security and support of her minor  

daughter  and  herself,  to  be  borne  by  the  

Respondent.   

5. Apart from her place of stay, the Appellant  

also made detailed suggestions regarding expenses  

that would have to be incurred by her on account of  

travel and commuting in the U.K., for the minor’s  

admission  in  a  Child  Nursery,  private  medical  

expenses, day-to-day expenses, including clothing,  

legal expenses, recreational expenses, expenses for  

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acquiring  a  Computer/Laptop  with  accessories  and  

other sundry miscellaneous expenses which would add  

up to an estimated ₤8342 per month.  A direction  

was also sought for that the monthly expenses as  

indicated above for a period of six months should  

be deposited in the bank account of the Appellant  

in the U.K. before the Appellant left India for the  

U.K.

6. We have heard learned counsel for the parties  

on the proposals and counter-proposals made for the  

purpose of implementing the order passed by this  

Court on 9th December, 2009.  What has emerged is  

that the Appellant-wife is willing to stay with the  

Respondent-husband  in  their  matrimonial  home  at  

Swindon,  U.K.,  provided  he  agreed  to  undergo  

psychiatric  evaluation  and  treatment.   Counsel  

appearing  for  the  Respondent-husband  has,  in  

consultation with the Respondent, who was present  

in Court, accepted the condition indicated by the  

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Appellant-wife and undertook to undergo psychiatric  

evaluation and treatment on his return to the U.K.  

The Respondent-husband also had no objection to the  

proposal of the Appellant to allow her father to  

accompany her and Elina to the United Kingdom and  

to stay with her during the period of her stay in  

the U.K. for the purpose of contesting the custody  

case.   The  Respondent  also  agreed  to  bear  the  

ancillary expenses involved relating to admission  

of the child into a Nursery, day-to-day expenses  

for  the  Appellant,  her  daughter  and  her  father,  

clothing, expenses to purchase Computer/Laptop and  

accessories, recreational expenses and other sundry  

miscellaneous expenses.  

7. A  note  of  discord  was,  however,  sounded  on  

behalf of the Respondent-husband regarding expenses  

for private medical treatment, legal expenses and  

payments  made  by  the  Government  into  the  Child  

Trust Fund and Child Benefit.  As far as expenses  

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for  private  medical  treatment  is  concerned,  on  

behalf of the Respondent it was submitted that the  

Appellant and the minor child would be entitled to  

medical coverage as soon as they landed in the U.K.  

and that, as a result, the question of incurring  

expenses  for  private  medical  treatment  did  not  

arise.  As to legal expenses, it was submitted on  

behalf of the Respondent that the amount indicated  

by the Appellant-wife was extremely high and that  

he himself was paying his lawyers at the rate of  

₤200 per hour.   As far as transfer of Child Trust  

Fund  and  Child  Benefit  is  concerned,  it  was  

submitted on behalf of the Respondent that whatever  

amounts  had  been  received  by  him  on  the  minor  

daughter’s account, which had remained unutilized,  

would  be  returned  to  the  State,  to  which  the  

Appellant’s response was that since expenses had  

been incurred by her in India for Elina, the same  

should  be  made  over  to  her  instead  of  being  

returned to the Government.    

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8. Since  the  points  of  disagreement  had  been  

narrowed down to the aforesaid proposals, we direct  

that  as  far  as  expenses  for  private  medical  

treatment  is  concerned,  the  Respondent-husband  

shall  initially  provide  a  sum  of  ₤200  for  such  

expenses and will also arrange for medical coverage  

in terms of the Health Insurance and Life Insurance  

Cover for the Appellant, her minor daughter and her  

father.   As far as legal expenses are concerned,  

the Respondent shall initially pay to the Appellant  

a sum of ₤2000 per month to enable the Appellant to  

apply for free legal assistance under the Access to  

Justice Act, 1999, and other connected enactments  

and regulations, subject always to the condition  

that the same are applicable to her.  In the event  

such  legal  aid  is  available  to  the  Appellant,  

further  payment  by  the  Respondent  towards  legal  

expenses shall be discontinued. Regarding transfer  

of the Child Trust Fund and Child Benefit to the  

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Appellant,  since  the  Appellant  has  been  looking  

after the expenses of the child, the same should be  

reimbursed to her from the amount being held by the  

Respondent,  unless  legally  prohibited  from  doing  

so.   

9. Apart  from  the  above,  since  all  the  other  

proposals,  as  indicated  above,  have  been  duly  

agreed  upon,  there  will  be  an  order  to  the  

following effect :-

(i)  The  Respondent-husband  shall  bear  the  

travel  expenses  of  the  Appellant  and  her  

minor child from India to the United Kingdom  

and,  if  necessary,  back  to  India.  The  

Appellant’s  father  shall  bear  his  own  

expenses towards travelling to the U.K.

(ii)  During  their  stay  in  the  U.K.  for  the  

purpose of contesting the custody case, the  

Appellant, her minor daughter and her father  

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will  reside  with  the  Respondent  in  the  

matrimonial  home  in  Swindon  in  London,  as  

long as it is necessary for the purpose of  

contesting the case.  

(iii) Within 15 days of the Appellant’s arrival in  

the  U.K.,  both  the  Appellant  and  the  

Respondent  shall  undergo  psychiatric  

evaluation  and  treatment  and  shall  also  

participate  in  marriage  counselling  

programmes  with  a  mutually  agreed  upon  

Marriage Counsellor and the expenses for the  

same shall be borne by the Respondent.  

(iv)  The Respondent shall provide ₤300 per month  

towards  the  travelling  expenses  for  the  

Appellant, her child and her father during  

their  stay  in  the  U.K.  for  the  aforesaid  

purpose.  The  Child  Benefit  which  the  

Respondent had been receiving on account of  

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the  expenses  for  the  minor  child  (Elina)  

should  be  made  over  to  the  Appellant  on  

account of the expenses already incurred by  

her  for  the  said  purpose,  if  not  legally  

prohibited from doing so.   

(v) The Respondent shall provide a sum of ₤300  

per month, for the child’s admission in a  

Child Nursery, during her stay in the U.K.

(vi) The Respondent shall provide an initial amount  

of ₤200 for expenses that may be incurred by  

the  Appellant  and  her  minor  daughter  and  

father towards private medical treatment.

(vii) The Respondent shall pay an amount of ₤1200  

per month towards food and daily incidental  

expenses,  such  as  toiletries,  soap,  

detergent, etc, telephone and broadband.

(viii) The  Respondent  shall  provide  for  Health  

Insurance  and  Life  Insurance  cover  to  the  

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Appellant  and  her  minor  daughter  on  their  

arrival in the U.K.  

(ix)    The Respondent shall pay a sum of ₤1600  

per  month  towards  the  Appellant’s  legal  

expenses  for  contesting  the  custody  and  

guardianship case.   

(x) The  Respondent  shall  provide  for  a  Laptop  

and printer for the use of the Appellant.

10. The above amounts are to be paid into either of  

the two accounts of the Appellant maintained by her  

in  Barclays  Bank,  Hemel  Hempstead  20-39-07,  

Nos.10865826 and 10620122, in the U.K. covering a  

period  of  two  months,  in  two  instalments,  in  

modification  of  the  earlier  order  directing  

arrangements to be made for the Appellant’s stay in  

the  U.K.  for  at  least  a  month  to  contest  the  

custody and guardianship case.   

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11.  As far as airline tickets are concerned, the  

same may be purchased by the Respondent and made  

over to the Appellant, or, in the alternative, the  

price  of  the  tickets  may  be  deposited  in  the  

account of the Appellant in the U.K. to enable the  

Appellant to access the same for travelling to the  

U.K. in pursuance of the order passed by this Court  

on 9th December, 2009.

12.  Immediately on deposit of the first instalment  

into the Appellant’s account in the U.K., and on  

being  provided  with  the  airline  tickets,  the  

Appellant shall proceed to the U.K. along with her  

minor  daughter,  Elina,  and,  if  she  chooses,  her  

father,  within  a  month  from  the  date  of  being  

informed of the said deposit, with prior intimation  

to the Respondent. The second instalment is to be  

deposited  within  two  weeks  of  the  Appellant’s  

arrival in the U.K.

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13.   In order to meet any other eventuality, the  

Appellant-wife  may  make  appropriate  applications  

before the High Court of Justice (Family Division),  

at London, in the pending custody and guardianship  

case.  

14.  A copy of this order be made available to the  

parties forthwith.

15. Crl. M.P. Nos.1503 and 1504 of 2010 in Criminal  

Appeal  No.2357  of  2009  are  disposed  of,  

accordingly.   

________________J. (ALTAMAS KABIR)

________________J. (CYRIAC JOSEPH)

New Delhi Dated: 02.02.2010             

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