Sonia vs Vishal
2014 Latest Caselaw 7132 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI
                                  Date of Decision: December 23, 2014

+     MAT.APP. 16/2013
      SONIA                                              ..... Appellant
                         Through:      Mr. Sanjeev Behl & Ms. Ashu
                                       Arora, Advocates

                         versus

      VISHAL                                            ..... Respondent
                         Through:      Mr. Dinesh Garg & Ms. Anita,
                                       Advocates

      CORAM:
      HON'BLE MR. JUSTICE SUNIL GAUR

                          JUDGMENT

% (ORAL)

C.M. No.20277/2014 (u/S 151 CPC)

By way of this application, appellant-wife seeks interim custody of her children aged about 8½ years and 6½ years respectively.

It is a matter of record that even on earlier occasions, interim custody of children was handed over to the appellant-mother vide order of 29th May, 2014 and 3rd July, 2014. It is also not in dispute that the winter vacations are commencing from 27th December, 2014 till 18th January, 2015.

Upon hearing both the sides and on perusal of the material on record, it is directed that the interim custody of the children would be handed over to appellant-mother by respondent at the Riverside Club, at

MAT. APP No.16/2013 Page 1 Mayur Vihar, Delhi on 27th December, 2014 at 11:00 a.m. and likewise, appellant-mother would hand over the custody of the children back to the respondent at the same place i.e. at Riverside Club on 6th January, 2015 at 11:00 a.m. However, on 1st January, 2015, respondent-father will have a brief meeting with the children at the Riverside Club, Mayur Vihar, Delhi from 11:00 a.m. to 1:00 p.m. to know about the well being of the children. It is made clear that appellant-mother shall keep the children at her residence and will not take the children to her parental house or elsewhere for overnight stay during the custody period.

For the remaining winter vacation period, i.e. from 7 th January, 2015 to 18th January, 2015 the custody of the children shall remain with the respondent-father.

Both sides are at liberty to seek modification/variation of the interim order if interests of the children are at stake.

With aforesaid observations, this application is disposed of. Copy of this order be given dasti under the signatures of Court Master to counsel for parties.

MAT.APP. 16/2013 & C.M. No.522/2014 (u/S 151 CPC r/w Sections 2, 10 & 12 of the Contempt of Courts Act)& C.M. No.523/2014 (u/S

Vide impugned order of 17th April, 2014, appellant-mother was granted visitation rights for a period of two hours once a week to meet her children aged about 8½ years and 6½ years respectively in another proceedings and the same have been maintained in these proceedings as

MAT. APP No.16/2013 Page 2 well. During pendency of this appeal, vide order of 20 th January, 2014 visitation rights have been enlarged.

This Court is informed by learned counsel for parties that in view of directions issued by this Court on 11th November, 2014, the proceedings before the trial court are being undertaken expeditiously and are likely to conclude in the month of February, 2015 itself.

In view of aforesaid, this petition and applications are disposed of while reiterating the directions issued on 11th November, 2014 and while maintaining the visitation rights in terms of order of 20 th January, 2014. If the proceedings before the trial court are not concluded on or before 31st March, 2015, then either side shall be at liberty to bring it to the notice of this Court.

This appeal and applications are disposed of with aforesaid observations.

                                                        (SUNIL GAUR)
                                                          JUDGE

DECEMBER 23, 2014
r




MAT. APP No.16/2013                                                 Page 3