Sonia vs Vishal
2015 Latest Caselaw 1266 Del

$~42
*         IN THE HIGH COURT OF DELHI AT NEW DELHI

+               C.M.NO.124/2015 IN MAT.APP. 16/2013
          SONIA                                             ..... Appellant
                             Through:     Mr. Sanjeev Bahl and Mr. Karan
                                          Bharihoke, Advocates

                             versus

          VISHAL                                            ..... Respondent
                             Through:     Mr. Dinesh Garg, Advocate

          CORAM:
          HON'BLE MR. JUSTICE SUNIL GAUR

                             ORDER

% 11.02.2015

By way of this application, respondent-husband seeks modification of order of 23rd December, 2014 vide which appellant-wife was permitted to have custody of the children from 27th December, 2014 till 6th January, 2015 with the rider that on 1st January, 2015, respondent-father will have a brief meeting with the children to know about their well-being.

It is the case of respondent that when he had met the children on 1st January, 2015, they had told him that they do not want to go back to their mother for the remaining period i.e. from 1st January, 2015 till 6th January, 2015 and so, the children were brought back on 1st January, 2015 itself.

In the order of 23rd December, 2014, it was directed that the visitation rights shall continue in terms of order of 20 th January, 2014.

MAT.APP. 16/2013 Page 1 The modification sought in this application is that the visitation rights be halted due to unwillingness of the children to meet appellant-mother.

Upon notice of this application, appellant and her counsel had appeared. Vide last order respondent-husband was permitted to bring the children to the Court so that the averments made in the application can be verified. Today, both the children have been brought to the Court and in the chamber, I had a brief interaction with the children as well as with the parties and thereupon, I found that no case for variation of judgment of 23rd December, 2014 is made out. It is directed that the visitation rights in terms of order of 20th January, 2014 shall continue till the conclusion of the proceedings before the trial court. So far as appellant being deprived of the custody of the children from 1st January, 2015 to 6th January, 2015 is concerned, it is deemed appropriate to direct respondent to increase the period of visitation rights, in addition to the visitation rights already granted vide order of 20th January, 2014. To compensate for the loss of visitation rights, appellant is granted following additional days of visitation rights apart from the visitation rights already granted by order of 20th January, 2014:

"17th & 22nd February, 2015 and 8th, 22nd & 29th March, 2015."

With aforesaid directions, the application is disposed of. Dasti.

                                                    SUNIL GAUR, J

      FEBRUARY 11, 2015
      s

MAT.APP. 16/2013                                                      Page 2