Delhi High Court
M P vs A M on 4 February, 2019
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Judgment: 04.02.2019
+ MAT.APP.(F.C.) 315/2018 & CM APPL. 50100/2018
MP ..... Appellant
Through Mr.Mimansak Bhardwaj, Advocate
alognwith father of the appellant
versus
AM ..... Respondent
Through Mr. Paranjay Chopra, Advocate
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
HON'BLE MS. JUSTICE JYOTI SINGH
G.S. SISTANI, J. (ORAL)
1. The present appeal is directed against the order dated 22.11.2018
passed by the Family court on an application under Section 12 of
Guardians and Wards Act, 1890 moved by father/respondent herein
seeking interim custody of the minor child. The substantive petition
under Section 7 and 25 of the Guardians and Wards Act is also
pending and the same is being contested. The case set up by the
respondent/father before the Family Court was that the custody of the
child was removed forcibly from him on 16.04.2016 and child was
brought to Delhi from Mumbai. It was highlighted that the child
remained happy in his care and custody and there is no reason for
entertaining the present appeal.
2. Counsel for the appellant submits that child would not be comfortable
with the father as the child has not been in contact with him for the
past three years. He further submits that the respondent is a resident
of Indore and has no permanent residence in Delhi and thus allowing
the child to spend overnight with the father will not be in the interest
of the child.
3. Counsel for the respondent has refuted the submissions and contends
that the father is meeting his child regularly since 22.11.2018 and also
prior thereto, in the court of the Principle Family Judge. He further
submits that during the period of visitation, the respondent would stay
with his married sister who is living with her father-in-law and
husband. He further undertakes that during the said period the girl
child would not be left alone and he would constantly remain with her.
He further submits that child will be picked up from the gate of the
colony where the mother resides, and the child would not be removed
from Delhi or Noida.
4. Counsel for the appellant submits at this stage, that the time of 9:00
AM on Saturday be changed to 10:00 AM and 8:00 PM on Sunday
also be modified and further the respondent be directed to give the
address of his sister. We accordingly modify the time of 9:00 AM on
Saturday to 10:00 AM and that of Sunday to 7:00 PM as suggested by
the appellant.
5. The respondent has also disclosed the address of his sister, which is as
under:-
B12003, Cleo County, Noida, Sector 125
6. During the period when the child is with father, child will be allowed
to speak with the mother atleast three times a day, and both will be
allowed to make whatsapp video calls to each other. The child will
not be removed from Delhi and Noida.
7. We also leave it open for the parties to make any further adjustments
for the purpose of visitation, for the benefit of the child. During the
visitation, in case, the child is to attend any Birthday Party, the father
will take the child to the Birthday Party, as agreed by both the parties.
8. Both the parties to comply with the order in letter and spirit.
9. With the agreed directions, appeal is disposed of.
G.S.SISTANI, J
JYOTI SINGH, J
FEBRUARY 04, 2019
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