J G v. S G

1. Thesepetitions havebeenpreferred by the petitioner primarily to seek enhancement of visitation rights in respect of the minor child of the parties. This Court has already passed orders inrespect of some of the reliefs sought on 17.09.2015 passed in CM(M) 637/2015. Consequently, the petitioner wishes to withdraw C.M.22528/2015, which is disrriissed as withdrawn.

2. The petitioner (in CM(M) 703/2015) seeks extension of visitation hours between Friday 03:00 p.m. to Sunday 08:00 p.m. Thus, the petitioner wishes to keepthe minor child ovemi^t withhimandhis family members.

3. I have heard the petitioner in person as well as learned counsel for the 2015:DHC:10836 respondent.

4. For the present, I am not inclinedto allow overnightstay of the minor child with the petitioner and his family members considering that she is a girl child of eight years of age andthe respondent has apprehensions onthe basis of police complaint madeby the petitioner's mother.

5. I may, at this stage itself, observe that the said police complaint is stated to have been withdrawn by the petitioner's mother, who is also presentin Courttoday. Be that as it may, in my view, it wouldnot beproper to permit overnight stay of the minor girl child with the petitioner at this stage.

6. So far as the weekly visitations are concerned, the submission of the petitioner is that presently he has been providedvisitationrights on onlytwo Sundays in a month. The visitations were granted between 10:00 a.m. to 05:00 p.m. in the Children Room in Saket Court Complex, which vide order dated 17.09.2015 was modified by observing that the visitations may take place in a Mall in Vasant Kunj. The duration of visitation was fixed by the said order as starting from 11:00 a.m. It is informed that the child has remained with the petitioner during such visitations till the time she was comfortable. The petitioner submits that since the petitioner, his mother and the child have started bonding, the child also wishes to meet the petitioner more frequently and weekly visitations would be in the interest ofthe child.

7. On the other hand, the submission of learned counsel for the respondent is that though the respondent is not opposed to the petitioner meeting the child twice a month, weekly visitations would put a strain on the child as she has other engagements like Birthday parties of friends, visits to Doctors, etc. It is further submitted that the childin question is not available in Delhi on everyweekend and mayhave to travel outsideDelhi.

8. In my view, for the better psychological and emotional development of the minor child, it is essential that she meets the petitionerand his mother more frequently. It is also desirable that she develops her relationship with her other relatives, namely her Aunt {Bud), Uncle {Fufa) and her cousins {Bua's children).

9. Accordingly, having heard the petitioner and the learned counsel for the respondent, it is directed that the petitioner and his family members shall meet the child on every Sunday between 11:00 a.m. to 03:30 p.m. The petitioner shall pick up the child from the residence of the respondent at 11:00 a.m. and return the child latest by 03:30 p.m. It has been agreed between the parties that in case the visitation cannot take place as scheduled hereinabove and the change is required on account of a contingency such as any other prior engagement of the child or the parties, the concerned party, who desires a change, shall call up and talk to the other party to shift the visitation to Saturday during the same hours. In case the visitation cannot take place on Saturdays also on account of ill-health ofthe child or the child being out of station or due to examinations, the parties shall mutually agree to have the visitation right exercised on any other convenient date.

10. However, it is made clear that the aforesaid deviation should be limited to the minimum, and should be treated as exception and not the rule. If either of the parties is seen to be derailing this arrangement, the Family Court shall draw its inference and pass appropriate orders to ensure that this order is given effect to in letter and spirit.

11. It shall be open to the Family Court to pass any other or further orders with regard to the visitation rights depending on the situation as it develops in respect of long vacations, such as Summer, Winter, Dusshera/ Diwali and Holi occasions. During such vacations, in case the petitioner desires more frequent visitations, it shall be open to him to move the Family Courts.

12. The observations made in this order shall not prejudice the case of either party.

13. The petitions/ applications stand disposed of in the aforesaidterms.

14. Dasti.

VIPIN SANGHI, J NOVEMBER 02,2015 B.S. Rohella