Delhi High Court - Orders
Dr. Geetanjali Aggarwal vs Dr. Manoj Aggaarwal on 4 June, 2025
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~DB-8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAT.APP.(F.C.) 208/2025
DR. GEETANJALI AGGARWAL .....Appellant
Through: Mr. Sumante De, Mr. Rohit Khurana
& Ms. Akshara Santosh, Advs. with
appellant in person.
versus
DR. MANOJ AGGAARWAL .....Respondent
Through: Mr. Jeenesh Nagrath, Sr. Adv. with
Mr. Gaurav, Adv. with respondent in
person.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
HON'BLE MR. JUSTICE HARISH VAIDYANATHAN
SHANKAR
ORDER
% 04.06.2025 CM APPL. 35799/2025 (for directions)
1. In terms of the Order dated 30.05.2025 of this Court, the report of the counsellor nominated by the Delhi High Court Mediation and Conciliation Centre dated 03.06.2025 is placed on record.
2. We have perused the said report and prima facie, concur with the observations made therein. However, before we decide the application, that is, CM APPL. No.35799/2025, we feel it appropriate to furnish a copy of the said report to the appellant as well as the respondent. The matter was passed over for hearing arguments of parties after counsel peruse the report dated MAT.APP.(F.C.) 208/2025 Page 1 of 7 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/06/2025 at 12:08:16 03.06.2025 of the Counsellor.
3. The case has been called out after passover.
CM APPL. No.35799/20254. This is an application filed on behalf of the applicant-appellant seeking the following prayers:
"a. Graciously interact directly with the minor child, who has been subjected to the custody order of this Hon'ble Court vide order dated May 29, 2025, and the orders of the Ld. Family Court, Karkardooma vide order dated May 19, 2025, to ascertain her genuine wishes and emotional state.
b. Pass appropriate directions based on the sensitive and discerning outcome of the interaction with the child, ensuring her best interests and emotional well-being are prioritized above all else."
5. By way of the aforesaid application, the applicant/appellant prays this Court to have interaction with the minor child so as to ensure and ascertain the genuine wishes and emotional state of the minor child before complying with the Order dated 29.05.2025. The prayer is based on the report issued by a clinical psychologist and a special educator dated 29.05.2025, post interaction with the minor child, wherein certain observations were noted by the psychologist.
6. According to Mr. De, learned counsel for the applicant/appellant, the observations made therein reflect certain concerns which are to be considered by this Court in a serious manner so as to ensure that the minor child is not affected emotionally or physically.
7. It is a matter of record that when the present application was filed, this Court had vide Order dated 30.05.2025, directed that the counsellor available at the Mediation Centre of the Delhi High Court Mediation and Conciliation Centre be appointed to interact with the child and the parents MAT.APP.(F.C.) 208/2025 Page 2 of 7 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/06/2025 at 12:08:16 too, just to ascertain the status of the minor child. It was also provided that if required, further sessions with the child, as deemed necessary or proper by the counsellor, be also done. It is also to be noted that the Coordinate Bench was dismayed to note that the appellant had filed this application immediately after the consent order was passed on 28.05.2025 by placing on record a report of the clinical psychologist dated 29.05.2025 i.e. the very next day.
8. Be that as it may, the said counsellor's report of the Mediation Centre in compliance of the order dated 30.05.2025 has been placed on record which has been perused by us. Copies thereof were also furnished to the learned counsel for the parties. Before we pass any order on the present application, it would be appropriate to extract the entire report of the counsellor dated 03.06.2023. The same reads as under:
"COUNSELLOR 'S REPORT In compliance with the Hon'ble Court's order dated 30-05-2025, two counseling sessions were conducted under the aegis of the Delhi High Court Mediation and Conciliation Centre. The first session was held online with both parties individually, and the second session was conducted in person with the minor child at the Centre. A summary of these sessions is detailed below:
First Session (31-5-2025) This session aimed to understand the interpersonal dynamics between the parents.
The Respondent, a pediatrician by profession, expressed a strong desire to build and sustain a meaningful relationship with his daughter; Myra (aged
9.5 years). He voiced concerns about his limited access to the child and attributed it to what he perceived as deliberate obstruction by the Petitioner.
The Petitioner, a pathologist by profession, expressed dissatisfaction with the Respondent's past involvement and raised concerns about the quality of care during previous visitations. She alleged that the Respondent's MAT.APP.(F.C.) 208/2025 Page 3 of 7 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/06/2025 at 12:08:16 conduct during these interactions had caused emotional distress to the child Although the child was not present, both parents' narratives reflected a high level of emotional tension, blame-shifting, and a lack of effective communication. Each accused the other of actions intended to cause harassment or alienation, further complicating efforts at co-parenting The parents were sensitized to the fact that such unresolved conflict and hostility can have a deeply detrimental impact on the child's emotional well-being. Emphasis was placed on the need to shift the focus from personal grievances to the child's best interests. Both were strongly encouraged to adopt a cooperative and child-centric approach to parenting, and to consider the long-term psychological effects of their ongoing discord on their daughter.
Second Session (02-06-2025) The session began with the child, Myra (aged 9.5 years), and focused on building rapport through age-appropriate, interactive activities designed to create a sense of safety and emotional openness. Initially, Myra appeared reserved and cautious in expressing herself. She took time to open up and seemed mindful of aligning her responses with what she perceived to be her mother's expectations. Her hesitancy suggested a lack of confidence in voicing her own needs, especially when they might contrast with the maternal narrative. Despite her initial guardedness, it gradually became evident that Myra is emotionally sensitive and observant.
A structured interaction between the child and the Respondent (father) was then facilitated to observe the nature of their relationship. Myra appeared comfortable in her father's presence and seemed to enjoy her visits and time with her cousins during previous visitations.
In a subsequent one-on-one session with the child, she was gently encouraged to articulate any discomfort she experiences during visits. After considerable time and reassurance, she disclosed that her reluctance to continue visitations stemmed primarily from discomfort related to unhygienic hotel rooms and unsatisfactory food during past stays.
She was guided in developing assertive communication skills and was encouraged to express her needs directly to her father in a respectful and confident manner. The importance of maintaining a meaningful relationship with both parents was discussed with her in an age- appropriate and reassuring way, highlighting how such connections support her overall well-being MAT.APP.(F.C.) 208/2025 Page 4 of 7 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/06/2025 at 12:08:16 A joint session with both parents was then held, during which the emotional toll of their continued conflict on Myra's mental health was discussed candidly. They were urged to consider the long-term impact of their discord on the child and were encouraged to engage in respectful, cooperative co-parenting.
By the conclusion of the session, both parents expressed a willingness to move toward an amicable resolution, recognizing the importance of placing their child's emotional and psychological needs above their interpersonal disputes.
Observation and Recommendations:
Based on the two counselling sessions and limited yet meaningful interaction with the child, it is evident that Myra is an intelligent, confident, and quick learner, though emotionally sensitive. She shares a warm and comfortable bond with her father. At the same time, there appears to be a natural tendency to align with her mother's expectations. This is not unusual when a child resides predominantly with one parent, leading to subtle behavioral influences.
Thus, in my considered view, the ongoing conflicts between the parents is creating an emotional barrier that hinders in developing a more balanced and secure relationship with the father It is therefore recommended that visitation continue in a structured and reassuring environment, ensuring hygiene, nutrition, and emotional comfort. A sustained, cordial approach by both parents, with the father's consistent involvement in Myra's daily routine, will be crucial to her long- term emotional well-being To conclude, a conflict-free environment is essential for Myra's psychological stability. Accordingly, the following is advised:
i. For the Parents: A peaceful/conflict free and cooperative co-parenting arrangement, with Myra's best interests placed above personal differences, is strongly advised. However, given the ongoing conflict between the parents, 'parallel parenting' could be considered as a fallback option. Parallel parenting allows both parents to remain actively involved in the child's life while minimizing direct interaction with each other, thereby reducing conflict and ensuring Myra's well-being remains the central focus.
ii. For the Father: Active and regular involvement in Myra's academic and daily life will be key to fostering trust, emotional security, and stability.MAT.APP.(F.C.) 208/2025 Page 5 of 7
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/06/2025 at 12:08:16 iii. For the Child: Continued counselling support will aid her adjustment and equip her to better navigate parental conflict.
iv. Finally, the adoption of a formalised parenting plan may be considered to ensure clarity, consistency, and mutual accountability."
9. The report tendered by the counsellor of the Mediation and Conciliation Centre of the Delhi High Court, gives an opinion which is quite contrary to the one placed on record by the applicant-appellant along with the present application. It will be of great significance to note that the counselling report dated 03.06.2025 infact suggests that the child was very happy with the father, i.e. the respondent herein. Relying upon the contents and the observations and the opinion of the counsellor in the report dated 03.06.2025, we have no manner of doubt that this Court need not exercise its parens patriae jurisdiction to ascertain any further as to the psychological, physical or physiological condition of the minor child. This Court, in any case, is not an expert sitting over the reports of a trained psychologist or a counsellor. However, keeping in view the fact that vide Order dated 28.05.2025, in particular having regard to the fact that it was a consent order, we do not see any reason as to why we should interdict or interfere with the compliance of the said order. Moreover, the present application seeking the Court to interact would not sub-serve the purpose inasmuch as this Court would in any case depend upon the counsellor's report in the first place before substituting our own opinion.
10. Having said that we do not foreclose the right of the applicant- appellant to raise any issue in case any such real issue does arise in future.
11. In that view of the matter, we direct that the minor child be handed over to the respondent/father/non-applicant today by 6:00 P.M. in the MAT.APP.(F.C.) 208/2025 Page 6 of 7 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/06/2025 at 12:08:16 evening in accordance with the directions passed by this Court in the Order dated 28.05.2025. This may be scrupulously complied with, by both the parties.
12. The submission of having been deprived of some days of the interim custody as granted to the non applicant-respondent vide Order dated 28.05.2025, shall be kept open and reserved for the non-applicant to take it at the appropriate stage.
13. The application stands disposed of.
14. The mediation report be taken on record.
TUSHAR RAO GEDELA, J (VACATION JUDGE) HARISH VAIDYANATHAN SHANKAR, J (VACATION JUDGE) JUNE 4, 2025 ab MAT.APP.(F.C.) 208/2025 Page 7 of 7 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/06/2025 at 12:08:16