Ashish Dubey v. Sara Carriere Dubey

1. The present appeal has been filed by the appellant, challenging the Order dated 10.02.2025 passed by the learned Family Court-02, District South, Saket, New Delhi, in Guardianship Petition NO. 18/2020 titled Ashish Dubey v. Sara Carriere Dubey.

2. The learned counsel for the respondent submits that she has filed the reply in terms of Order dated 13.02.2025, however, the same is not on record as it was returned under objection.

3. Let the learned counsel for the respondent have the same placed on record after removing objection. Delay in filing the reply shall be treated as condoned.

4. We have interacted with both the children ‘A’ aged around 15 years, and ‘K’ aged around 14 years, the appellant and the respondent. Both the children are mature, intelligent, responsible and understating. They both are doing schooling in the United Kingdom in pursuance of the Order dated 04.05.2023 passed by the learned Family Court. Admittedly, the children are having three long vacations after every term, i.e., autumn term, spring term and summer term. Besides the long vacations, the children are also having three short mid-term breaks during the middle of each term, which are relatively shorter in nature ranging from 10 to 12 days each. For the long school vacations at the end of each term, the children are travelling to India and spending time with both parents and there is no dispute to that.

5. Now, with the consent of the parties, for the three short midterm breaks, the respondent can visit United Kingdom to meet the children on first such break and the appellant shall bear the travelling and lodging expenses of the respondent and the children during that period in terms of the Order dated 04.05.2023 passed by the learned Family Court. For the second short mid-term break, the appellant shall visit UK to meet the children. For the remaining third mid-term break, the children with their willingness can decide amongst themselves to either go for a vacation in the United Kingdom or to visit India and for that purpose, the appellant shall make all the arrangements of both the children and shall bear the expenses of their travel and accommodation. In case the children decide to travel to India in this third short mid-term break, the period of their stay in India shall be equally spent with the appellant and the respondent. In case the children decide to remain in UK, the passports of the children shall remain in the custody of the school.

6. With these arrangements, the appeal stands disposed of. Pending application also stands disposed of.

NAVIN CHAWLA, J RENU BHATNAGAR, J APRIL 8, 2025 Click here to check corrigendum, if any