Puja Kakar vs Arjun Kakar
2011 Latest Caselaw 5293 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

%                             Date of Judgment: 01.11.2011

+       FAO No. 434/2011 and CM No. 18548/2011

PUJA KAKAR                               ...........Appellant
                        Through:    Mr. Amita Gupta and
                                    Mr. Parveen Kumar, Advocate.

                   Versus

ARJUN KAKAR                              ..........Respondent
                        Through:    Mr.   Raj  Shekhar         Rao,
                                    Advocate.

CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR

    1. Whether the Reporters of local papers may be allowed to
       see the judgment?

    2. To be referred to the Reporter or not?             Yes

    3. Whether the judgment should be reported in the Digest?
                                                         Yes

INDERMEET KAUR, J. (Oral)

The order impugned before this court is the order dated

02.09.2011 vide which the application filed by the parties under

Section 25 of the Guardian and Wards Act had been adjudicated

upon; the custody of the child namely Baby Rohini Kakkar aged12

years had been transferred from the mother to the father; the

mother had been granted visitation rights as detailed in the said

order. This order is the subject matter of the present petition.

Parties are called in Chamber including Baby Rohini. The child

was examined in Chamber in the first instance alone and she has

expressed her desire to remain in the custody of the father. The

child is mature and fairly intelligent; her thoughts are coherent

and consistent. Her express desire to remain in permanent

custody with her father with permission to visit her mother as and

when she desires as also the said arrangement having been

agreed upon by the parents keeping in view the desire of the child

which is of paramount consideration; for a period of the first

three weeks of the month the child shall remain in the custody of

the father; thereafter in the last week of every month the child

will shift to the residence of the mother, this arrangement shall be

adhered to and will continue till further orders. In between as and

when the child desires, she may meet her father or her mother

depending upon where she is staying at the said time. Both

parties are open to this arrangement and there is no dispute to

the fact that the child is free and open to interact with either of

the parents as and when she desires but the custody arrangement

as noted hereinabove shall continue till either of the parties wants

the order to be varied because of change of circumstances.

Baby Rohini is presently studying in the Sardar Patel

Vidyalaya. The next vacation which is to fall due is scheduled in

the month of January 2012; it will probably be a 10 days break;

the next ensuing vacation would be a session break in March; then

again the summer break probably for about two months. As per

the desire of the child; as on date, she desires to share her

vacation half and half between both the parents.

With these directions, this petition is disposed of.

INDERMEET KAUR, J NOVEMBER 01, 2011 rb