Supreme Court - Daily Orders
Aditi Bakht vs Abhishek Ahuja on 21 October, 2022
Bench: A.S. Bopanna, Pamidighantam Sri Narasimha
ITEM NO.47 COURT NO.14 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) No. 19016/2022
(Arising out of impugned final judgment and order dated 12-10-2022
in MAT. APP(FC) No. 162/2022 passed by the High Court of Delhi at
New Delhi)
ADITI BAKHT Petitioner(s)
VERSUS
ABHISHEK AHUJA Respondent(s)
(FOR ADMISSION and I.R. and IA No.160197/2022-EXEMPTION FROM FILING
C/C OF THE IMPUGNED JUDGMENT )
Date : 21-10-2022 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE A.S. BOPANNA
HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA
For Petitioner(s) Mr. Neeraj Kishan Kaul, Sr. Adv.
Mr. Prashant Mendiratta, Adv.
Ms. Poonam Mendiratta, Adv.
Mr. T. V. S. Raghavendra Sreyas, AOR
Mrs. Gayatri Gulati Sreyas, Adv.
Mr. Siddharth Vasudev, Adv.
Mr. Dhruv Sharma, Adv.
Vijetha Ravi, Adv.
Ms. Jasmeet, Adv.
For Respondent(s) Ms. Geeta Luthra, Sr. Adv.
Mr. Mukul Kumar, AOR
Ms. Asmita Narula, adv.
Ms. Apoorva Maheshwari, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Mr. Mukul Kumar, learned Advocate on Record appears on behalf of the respondent and accepts notice on his behalf. Signature Not Verified Digitally signed by NEETA SAPRA Date: 2022.10.21
In that light we have heard learned Senior counsel on 16:48:24 IST Reason: either side and have perused the papers.
1 SLP ( C) No. 19016/2022
At the outset, we clarify that in a matter of the present nature and keeping in view the effort put in by the learned Judges of the High Court and the interim arrangement made, we would not have adverted to make any further consideration.
However, taking note that the welfare of the child is also paramount and in order to put the child to least inconvenience as possible an appropriate consideration is required to be made, we have proceeded to pass this order.
Though the High Court has modified its earlier order dated 07.10.2022 and an arrangement of sharing of the overnight visitation rights has been made, the same is in terms of the order that had been made by the Family Court which is assailed in the appeal. However, for the present we find that dividing the visitation for three days to the father in a week and remainder to the Mother and the exchange in the mid week will break the rhythm and would in fact effect the schooling and as such against the interest of the child. Therefore, for the present we modify the overnight visitation rights in the following manner.
The petitioner-mother shall enable the respondent-father to take the child from the residence at 4.00 P.M. on Friday and the child shall remain with the father from then and on the whole of Saturday, as also till 3.00 P.M. on Sunday. On Sunday at 3.00 P.M., the respondent-father shall drop the child to the residence of the petitioner-mother. The said arrangement shall remain in force until a further consideration on all aspects is made by the 2 SLP ( C) No. 19016/2022 High Court and an appropriate order is passed therein. During the further consideration, it would be open for the High Court to pass appropriate orders and any of the observations made by us in this order or the arrangement deviced only as an interim measure and shall not bind the High Court ultimately.
This order shall come into effect from 28.10.2022 onwards. In view of the above observations, the Special Leave Petition stands disposed of.
Pending application(s) shall stand disposed of.
(RAJNI MUKHI) (DIPTI KHURANA)
COURT MASTER (SH) ASSISTANT REGISTRAR
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