Delhi High Court
Abhinav Aggarwal vs Aakriti Kapoor on 21 December, 2020
$~22
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 21.12.2020
+ CM(M) 641/2020 & CM APPL.33736-37/2020
ABHINAV AGGARWAL ..... Petitioner
versus
AAKRITI KAPOOR ..... Respondent
Advocates who appeared in this case:
For the Petitioner: Mr. Sunil Mittal, Senior Advocate with Ms. Seema
Seth, Advocate.
For the Respondent: Ms. Malavika Rajkotia, Ms. Akriti Tyagi and Ms.
Ekta Sharma, Advocate.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. The hearing was conducted through video conferencing.
2. Petitioner impugns order dated 05.12.2020 whereby the Trial
Court has directed that during the present pandemic period, physical
visitation right would not be feasible and accordingly has directed
visitation meeting through video conferencing for 30 minutes on
every Saturday.
3. Learned counsel for petitioner submits that even during the
pandemic period the child was physically visiting the father/petitioner
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:22.12.2020 09:38:01 CM(M) 641/2020 Page 1
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
and since petitioner is a medical doctor appropriate care and
precaution is taken to prevent any spread of COVID.
4. Learned counsel for respondent submits that certain issues have
arisen on account of which an application has been moved before the
Trial Court seeking modification/variation of the consent terms.
5. After some arguments, with the assistance of learned counsel
for the parties, a without prejudice arrangement has been agreed to
which is subject to further directions/modifications by the Trial Court
on the applications/petitions filed by the respective parties.
6. It is agreed between the parties that on every first and fourth
Sunday petitioner or his parents shall pick up the child from the house
of the respondent at 11 AM and drop the child back by 4 PM.
7. In addition, same arrangement shall be followed on 1st, 2nd and
3rd of January, 2021 i.e. petitioner or his parents shall pick up the child
at 11 AM and drop the child back at 4 PM on the same day.
8. The visitation is subject to the condition that petitioner shall
have himself and other family members residing in his house, who are
likely to come in contact with the child during the visitation, tested for
COVID - 19 before each visitation and only in case of a negative
report, the physical visitation would be permitted. Petitioner shall
hand over a copy of the report to the respondent at the time of picking
up the child.
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:22.12.2020 09:38:01 CM(M) 641/2020 Page 2
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
9. This arrangement shall continue till modified/varied by the
Trial court. In case the applications filed by the parties is not disposed
of by the Trial Court before 9th March, 2021 i.e. the birthday of the
child, petitioner/his parents may pick up the child on the said date at
11 AM and drop the child back by 2 PM, the very same day.
10. It is clarified that this arrangement is without prejudice to rights
and contentions of the parties and would be subject to
modification/variation by the Trial Court on disposal of the
applications pending before it. Trial Court would not be bound by the
arrangement arrived at in this order.
11. This petition is accordingly disposed of in the above terms.
12. Copy of the Order be uploaded on the High Court website and
be also forwarded to learned counsels through email.
SANJEEV SACHDEVA, J.
DECEMBER 21, 2020
rk
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:22.12.2020 09:38:01 CM(M) 641/2020 Page 3
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
