Full Text
HIGH COURT OF DELHI
Date of Decision: 28.05.2025
DR. GEETANJALI AGGARWAL .....Appellant
Through: Mr. Shumanto De, Mr. Rohit Khurana and Ms. Akshara Santhosh, Advs.
Through: Mr. Prashant Mendiratta, Mr. Gaurav Gulati, Ms. Somyashree and Ms. Shreya Singhal, Advocates
HON’BLE MS. JUSTICE RENU BHATNAGAR
NAVIN CHAWLA, J. (Oral)
JUDGMENT
1. Allowed, subject to all just exceptions. MAT.APP.(F.C.) 208/2025 & CM APPL. 33964/2025
2. This appeal has been filed challenging the Order dated 19.05.2025 passed by the learned Judge, Family Court-02, Shahdara District, Karkardooma Courts, Delhi (hereinafter referred to as ‘Family Court’) in Guardianship Petition, being G.P No. 13/2018, titled Dr. Manoj Aggrawal v. Dr. Getanjali Aggrawal, whereby, the interim custody of the child has been granted to the respondent(father) from 30.05.2025 to 14.06.2025 and thereafter from 26.06.2025 to 29.06.2025, during the summer vacations of the child.
3. With the consent of the learned counsels for the parties and without prejudice to the rights and contentions of either of them, the Impugned Order is modified only to a limited extent that the interim custody of the child shall be given to the respondent, subject to the conditions that were stipulated by the learned Family Court in its earlier Order dated 20.05.2024, which for the sake of convenience and clarity, are reproduced hereinbelow:-
Anju Gupta. f) The respondent shall have access to the child by way of telephonic calls and video calls twice a day, or as and when child wishes to communicate to the respondent, and the petitioner shall enable such telephonic access. g) If the petitioner wishes to take the child for any short trip, he shall furnish his PIN/location to the respondent through WhatsApp. Additionally, details of the trip be furnished before the Court mentioning the place, duration, hotels, etc of any such trip, on an affidavit. h) The respondent is directed not to create any hurdles for smooth compliance of the orders passed above. Likewise, the petitioner is directed that such order above has been passed only to enable him to spend quality time with his daughter and to establish bond with her in a real sense and the same may not be utilized to poison the mind of the child against the respondent or to talk adversely against the mother with these directions, application of the petitioner disposed of.” (The dates mentioned hereinabove shall stand suitably changed)
4. The days of visitation shall also be modified to the extent that the custody of the child with the respondent shall be between 30.05.2025 to 17.06.2025, meaning thereby that the respondent would not have the visitation rights between 26.06.2025 to 29.06.2025 as has been directed earlier by the learned Family Court in the Impugned Order.
5. The parties are also present in-person and affirm that they will abide by the above terms.
6. Accordingly, the appeal is disposed of in the above terms. The pending application also stands disposed of.
NAVIN CHAWLA, J RENU BHATNAGAR, J MAY 28, 2025 Sc/sm/VS Click here to check corrigendum, if any