Delhi High Court - Orders
Vikram Goel vs State Of Nct Delhi And Anr on 27 December, 2021
Author: Anu Malhotra
Bench: Anu Malhotra
$~DB-3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2602/2021, CRL.M.A. 20995/2021, CRL.M.A.
20996/2021, CRL.M.A. 20997/2021
VIKRAM GOEL ..... Appellant
Through: Petitioner in person with Mr.Vivek
Singh, Advocate.
versus
STATE OF NCT DELHI AND ANR ..... Respondent
Through: None for R-1.
R-2 in person with Mr.Biswajit Singh,
Advocate.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
HON'BLE MS. JSUTICE JYOTI SINGH
ORDER
% 27.12.2021 In terms of the proceedings dated 24.12.2021, the minor child 'S' has been produced before the Court through video conferencing and we have heard her in a separate link in the absence of her parents and in the absence of counsels. The interaction between the child and the Court has been recorded which is directed to be sealed and may be perused by the learned Guardian Judge, Delhi and may be considered by the learned Family Court, at Gurgaon, if required. The conversation between the minor child [who has W.P.(CRL) 2602/2021 Page 1 of 6 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:29.12.2021 15:32 not been administered oath] and this Court has also been reproduced in writing, is also directed to be placed in a sealed cover.
The prayers made vide the present petition are to the effect:-
"(a) Issue the writ of Habeas Corpus allowing the Petitioner along with Respondent No. 2 to have the joint custody of the child and the right of Joint Parenting;
(b) The Respondent no. 2 be restrained from illegally depriving the Petitioner from his right of Joint Custody;
(c) pass any other order/orders which this Hon'ble Court may be pleased in the facts & circumstances of the case.
Along with the petition is also an application bearing CRL.M.A. 20995/2021 vide which the prayer made by the petitioner, the father of the minor child 'S' is to the effect that an ad interim ex-parte custody order be granted in favour of the petitioner to allow him to take his minor daughter to stay with him with immediate effect at least upto 10.01.2022.
At the outset, in relation to the prayer that the petitioner has made through the present petition seeking the grant of writ of a habeas corpus to allow the petitioner to have the joint custody of the child with the respondent No.2 as well as to have the right of joint parenting and that the respondent No.2 be restrained from illegally depriving the petitioner from his right of joint custody, it is apparent through the averments made in the petition as well as the submissions that have been made on behalf of the petitioner and the respondent No.2 that the proceedings before the Family Court, W.P.(CRL) 2602/2021 Page 2 of 6 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:29.12.2021 15:32 Kakardooma Court in Guardianship Petition No. 22/2021 are pending which proceedings are listed for the date 22.02.2022.
It is also brought forth through the submissions that have been made on behalf of the respondent No.2 that the proceedings are pending in relation to HMA No.1179/2020 before the learned ADJ, Family Court at Gurgaon in a petition filed by the petitioner herein seeking the grant of a decree of divorce in which there is an application under Section 26 of the HMA that has also been filed seeking custody of the minor child. The present petition also indicates the factum of proceedings being pending for the date for 04.01.2022 in a challenge made by the petitioner herein against the order dated 27.03.2021 of the Ld. MM filed under Section 21 of the Protection of Women from Domestic Violence Act, 2005 which also apparently relates to the custody of the minor and spending of quality time with her,- apparently, the Family Court, Delhi being seized of the aspect of the guardianship and custody of the minor child, this Court does not consider it appropriate to grant any prayer in relation to the prayers made by this petition seeking the grant of a writ of Habeas Corpus to have the joint custody of the child and the right of joint parenting as well as the prayer made for a restraint against the respondent No.2 in relation to the rights of the petitioner for his rights of joint custody for those are subject matter of the pending Guardianship Petition No. 22/2021 are which proceedings are listed on 22.02.2022 pending before the Family Court, Kakardooma Court and may also be aspects of consideration in the proceedings under Section 26 of the HMA Act, at the Family Court, Gurgaon.
W.P.(CRL) 2602/2021 Page 3 of 6 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:29.12.2021 15:32However, in as much as all proceedings under the Guardians and Wards Act, 1890, and all proceedings in relation to a minor child revolve around the fulcrum of the aspect of the best interest and welfare of the minor child which is the paramount consideration for the Court, with which the Court is to be concerned with inasmuch as the Court is in the locus of parens patriae of the minor child.
The minor child [who though not administered on oath], as per her interaction with us is a minor child studying in Standard X and fairly mature who states that she lives with her paternal grandparents, in the house of her paternal grandparents from after Standard VI for the last four years and who submits that she loves both her parents who are both are nice persons. She also states that presently almost daily fights take place at her paternal grandparents 'house where she and her mother reside, sometimes in relation to the Court case wherein they have been asked to leave the premises of the paternal grandparents, and sometimes in relation to other trivial matters, as a consequence of which, she gets affected and disturbed and that she also seeks time to meet her father whom she has met the last time, two weeks ago. She states she has her vacations till 10.01.2022, The petitioner states that he is a General Manager in an MNC [qua which it is submitted by the learned counsel for the respondent no.2 that as per the petition he is the Managing Director] and that he has in fact taken leave to be with his child during the period of vacations. The respondent No.2 submits to the effect that though she herself wants the child to have access to both the father and to the mother, and that she has never prevented the child from meeting the father, nevertheless, submits that the petitioner W.P.(CRL) 2602/2021 Page 4 of 6 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:29.12.2021 15:32 has affairs with another woman and even has a son, in relation to which, the respondent No.2 has shared certain photographs on screen which have also been received through Whatsapp, which are directed to be placed in a sealed cover by the Registry qua which the petitioner on being confronted with the said photographs has stated that he being in the capacity of the General Manager of an MNC has essentially to socialize but that does not amount to bringing forth that he has an extra marital affair.
On a consideration of the submissions that have been made on behalf of either side, the interaction with the minor child, the factum that she loves both her parents who she states both love her too and that she seeks also to be with the father for some time, in relation to which, the respondent No.2, in view of the submissions and photographs put forth by her, categorically opposes the prayer for the grant of a night stay of any kind,- without any observations on the merits or demerits of the Guardianship Petition No.22/2021 pending before the Family Court, Kakardooma Court, Delhi or the proceedings under Section 26 of HMA Act pending at the Family Court at Gurgaon or also to -the challenge made to proceedings against the order of the Ld. MM fixed for 04.01.2022 before the Sessions Court, for the well- being of the minor child, who is mature enough to make her statement as she has made, it is considered appropriate that the petitioner has access to the minor child 'S' from 28.12.2021 till 01.01.2022 between 11:00 a.m. to 6:00 p.m and the petitioner may go to the residence of the respondent No.2 which is also the residence of his parents to pick up the child at 11:00 a.m. on each of these dates from 28.12.2021 to 01.01.2022 and shall ensure that he drops W.P.(CRL) 2602/2021 Page 5 of 6 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:29.12.2021 15:32 back the child at the address of the respondent No. 2 on each day by 6:00 p.m. The petition and the accompanying application call for no further action and are disposed of accordingly.
ANU MALHOTRA, J (VACATION JUDGE) JYOTI SINGH, J (VACATION JUDGE) DECEMBER 27, 2021 NC W.P.(CRL) 2602/2021 Page 6 of 6 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:29.12.2021 15:32