Delhi High Court - Orders
Aditi Bakht vs Abhishek Ahuja on 10 March, 2022
Author: V. Kameswar Rao
Bench: V. Kameswar Rao
$~38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 211/2022 & CM APPLs. 11824/2022, 11825/2022
ADITI BAKHT ..... Petitioner
Through: Ms. Malavika Rajkotia,
Ms. Arundhati Katju, Ms. Bhabna
Das, Ms. Akriti Tyagi and Ms. Shristi
Borthakur and Mr. Mayank Grover,
Advs. along with petitioner in person
versus
ABHISHEK AHUJA ..... Respondent
Through: Ms. Geeta Luthra, Sr. Adv. with
Ms. Asmita Narula, Mr. Nilesh Deep,
Ms. Apoorva Maheshwari and
Mr. Manas Agarwal, Advs.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
ORDER
% 10.03.2022 CM APPL. 11825/2022 Allowed, subject to just exceptions.
Application disposed of.
CM(M) 211/2022 & CM APPL. 11824/2022
1. The challenge in the writ petition is to the order dated March 04, 2022 passed by the Family Court, South East, Saket, New Delhi, wherein the application of the respondent herein for visitation under Section 12 of the Guardians & Wards Act, 1890 has been allowed with the following directions:-
Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:11.03.2022 17:33:47(i) The applicant/petitioner shall have visitation rights with the minor child on every Wednesday and Friday at his parents' home from 3.00 p.m. to 6.00 p.m.
(ii) The applicant/petitioner shall also be entitled to overnight stay of minor child Anaaya at his parents' home on every 2 nd and 4th Sunday. On every 2nd and 4th Saturday, the applicant shall take custody of the minor child Anaaya from the respondent/mother at 10.00 a.m. in the morning and shall handover custody of the minor child to non-applicant/ respondent on every 2nd and 4th Sunday at 6.00 p.m. respectively.
(iii) During long holidays, vacations extending more than two weeks, the minor child shall remain to be in the custody of the applicant/petitioner and his parents for three days and the petitioner shall also be entitled to travel outside Delhi alongwith the minor child likewise the respondent shall also be entitled to travel outside Delhi alongwith the minor child on such holidays/vacations when the minor child shall remain in the custody of the respondent.
(iv) During summer vacations, the minor child shall remain to be in the custody of the applicant/petitioner and his parents for a period of 15 days as per the convenience of the child and the petitioner will also be entitled to travel outside Delhi alongwithh minor child. Here it is also ordered that during summer vacations when the minor child shall remain in the custody of the respondent, she will also be entitled to travel outside Delhi alongwith the minor child.
(v) On festivals, the petitioner shall be at liberty to get the minor daughter from 1.00 p.m. to 6.00 p.m. Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:11.03.2022 17:33:47
(vi) On minor daughter's birthday, the petitioner shall be at liberty to get the minor daughter from 2.30 p.m. to 6.30 p.m. On petitioner's birthday, petitioner's family's birthday, the petitioner shall be at liberty to get the minor daughter for four hours as per the convenience of the child.
(vii) The petitioner and his family members shall also be at liberty to drop, accompany and pick the child to and from her school on Thursday.
(viii) The petitioner shall also be permitted to attend all the meetings/occasions/celebrations at the minor daughter's school including but not limited to parent-teacher meeting. The respondent shall share all the communications from the minor daughter's school including but not limited to the curriculum, school schedule etc.
(ix) The petitioner shall also be entitled to have interaction through video call with the minor child for atleast 30 minutes everyday as per convenience of the child.
2. Issue notice. Ms. Asmita Narula, Advocate, accepts notice for the respondent.
3. Reply if any be filed within ten days. Rejoinder be filed within one week thereafter.
4. List on March 31, 2022.
5. The impugned directions in paragraph 29 except the following conditions shall remain in abeyance till the next date of hearing:-
i. The direction at serial No.(i) above is maintained. ii. The respondent shall take the custody of the minor child on Saturday i.e., March 12, 2022 and March 19, 2022 from the Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:11.03.2022 17:33:47 petitioner/mother's residence at 10:00 AM in the morning and shall handover the custody of the minor child to the petitioner mother at 06:00 PM on the same day.
iii. The respondent shall also pick up the child from the petitioner/mother's residence on March 27, 2022 at 10:00 AM and shall handover the custody of the minor child to the petitioner/mother at 06:00 PM on the same day. iv. The minor child shall not be taken out of the territorial limits of NCT of Delhi.
V. KAMESWAR RAO, J MARCH 10, 2022/ds Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:11.03.2022 17:33:47