New Delhi: A warring couple from Bengaluru has been restrained by the Supreme Court from filing any new case against each other since they already have 67 cases between them over the last seven years of litigation.
"We restrain both from instituting any fresh litigation in relation to the pending disputes, be it criminal or civil against each other or the members of their family or against the school where the child is now studying, or advocates on either side, without express permission from the High Court," said a bench headed by Justice Kurian Joseph.
The court noted that the couple must be prohibited from instituting new cases to prevent precipitating the dispute between them any further.
The man is a software engineer holding a US citizenship and has filed 58 cases against his estranged wife. On the other hand, the wife, now living in Bengaluru, has filed nine cases against him. The cases range from domestic violence to contempt of court.
They got married in 2002 and went to the US. Their child was born in 2009. After the relationship soured, the woman, an MBA, came back to Bengaluru to her parental home. Then began the spate of cases.
While issuing its order, the court also expressed "pain" that "torn between them is a helpless child of 9 years, who is mentally and emotionally traumatised."
The bench restricted access of the parents to the school where their child is studying after observing that they have often proved to be a nuisance for the school authorities and a cause of embarrassment and agony for their nine-year-old child.
Therefore, it gave authority to the school principal to stop parents from meeting their young son in the precincts of the institution.
"In view of the apprehensions expressed by the school authorities regarding interference of the parents, we make it clear that it will be open to the school authorities to restrain their entry to the premises of the school," directed the court.
"We also restrain both the parents from unnecessarily communicating with the school," ordered the bench, while asking the principal to keep them informed only about the events when their attendance will be required.
The court also directed the courts in Bengaluru to decide within six months their petitions for divorce, custody of the child and all other cases pending between them.
Till then, the bench clarified that they will not file any fresh case against each other or in connection with the child.
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