Tanuj Dhawan v. Sonica Singhi

1. Petitioner herein is aggrieved by order dated 03.01.2025. He is defending a divorce petition filed by his wife, who seeks divorce on the ground of cruelty.

2. The marriage between the parties was solemnized on 07.12.2015 and they were blessed with a baby boy on 23.09.2016.

3. Petitioner herein filed an application under Section 26 of Hindu Marriage Act, 1955 seeking parenting time/custody of his minor son for half of the winter vacations and also for celebrating Christmas, New Year, Guru Gobind Singh Birthday, Lohri, Makar Sakranti, Republic Day, Maha Shivratri and Holi festival.

4. When the abovesaid application was taken up by the learned Trial Court, it observed that visitation rights had already been granted to petitioner herein on first and third Saturday of every month from 10:00 am to 2:00 pm at the residence of the father (petitioner herein) and there was also a permission to interact with the child through video call as per the existing schedule. Therefore, the abovesaid application CM(M) 29/2025 2 was dismissed by the learned Judge, Family Court on 03.01.2025.

5. The winter holidays were between 01.01.2025 and 14.01.2025 and the impugned order does not divulge any specific reason as to why no visitation was permitted for the winter vacation or part of the winter vacation or, for that matter, for the festivals and other important events.

6. Apparently, the abovesaid order is little vague and unspecific.

7. However, at the same time, this Court is also conscious of the fact that all such prayers of the petitioner herein have already become infructuous by efflux of time as the period of winter vacation and all the abovesaid festivals and occasions including the last occasion of Holi are already over and, therefore, it will not be possible for this Court to grant any relief in terms of his application filed under Section 26 of Hindu Marriage Act, 1955.

8. The petition is, accordingly, disposed of with liberty to petitioner to move appropriate application seeking additional visitation for future and after hearing the petitioner on any such application and after hearing the other side also, learned Family Court shall dispose of the same, in accordance with law by passing a reasoned order.

9. The petition stands disposed of in the aforesaid terms.

10. All the pending applications also stand disposed of accordingly.

11. This Court, however, clarifies that any such application be decided without getting influenced by any observation appearing therein.

JUDGE APRIL 23, 2025/st/js