Delhi High Court
Pratibha Goyal vs Rahul Goyal on 23 June, 2020
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 23rd June, 2020
+ CM(M) 362/2020 & CM APPL. 12369/2020 (ex-parte
directions granting interim custody)
PRATIBHA GOYAL ..... Petitioner
versus
RAHUL GOYAL ..... Respondent
Advocates who appeared in this case:
For the Petitioners: Ms. Nidhi Mohan Parashar, Advocate with petitioner in
person.
For the Respondents: Respondent in person.
CORAM:-
HON'BLE MR JUSTICESANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. The hearing was conducted through video conferencing.
2. During the hearing, the Court had private interaction with the
child through video conferencing.
3. Petitioner seeks setting aside of order dated 02.06.2020 and
seeks granting of interim custody of the minor child for summer
vacation or upto continuation of the Lockdown.
4. It is contended by learned counsel for the petitioner that there
were visitation rights granted to the petitioner as well as interim
custody during summer vacation. However, in view of the Lockdown
position, the interim custody and summer vacation visitation rights
which were granted, could not take place.
5. Alternatively, Petitioner seeks a direction to the Trial Court to
finally dispose of the Guardianship Petition No. 6/2019 pending
between the parties.
6. The Respondent submits that he has no objection to the
Guardianship Petition being disposed of finally by the Trial Court
7. Keeping in view of the facts and circumstances and also the fact
that several applications and proceedings have been filed by the
parties during pendency of the Guardianship Petition before the trial
court as well as before the High Court and several interim
arrangements have been made, I am of the view that it would be in the
interest of justice if the Guardianship Petition is finally disposed of on
merits.
8. It is informed that the evidence of the parties is already over
and even the written submissions have been filed and only the oral
arguments have to be addressed.
9. Respondent submits that in view of the Lockdown position, he
has not been in a position to approach the trial court for obtaining the
testimony of some of the witnesses which are not available in his
records.
10. In view of the above, the concerned trial court is directed to
have the entire record digitised and thereafter furnish a digitised copy
of the record to learned counsel for the petitioner as well as the
respondent by e-mail free of cost.
11. After the record is supplied, the parties shall file supplementary
written submissions, if any, within two weeks of the receipt of the
digitised copy of the record of the trial court. Thereafter, the trial court
shall finally dispose of the Guardianship Petition after given an
opportunity to the parties to address oral arguments. Trial court shall
endeavour to dispose of the entire proceedings by 31.08.2020.
12. During Pendency of the Guardianship Petition, the interim
arrangement as directed by this Court by order dated 30.10.2015 in
CM (M) 974/2015 shall continue to be abided by the parties.
However, in for a period of two weeks from today, no physical
visitation rights would be permitted to the petitioner and petitioner
shall continue to speak to the child over video conferencing everyday
for one hour and thereafter the interim arrangement as stipulated by
order dated 30.10.2015 shall be complied with by the Parties.
However, this will be subject to the pandemic situation and the
Lockdown position in and around the respective residence of the
parties.
13. The petition is disposed of in the above terms.
14. List for reporting compliance and to assess the position with
regard to the interim arrangement on 10.07.2020.
15. Copy of the order be uploaded on the website and be also
forwarded to the parties through email.
SANJEEV SACHDEVA, J
JUNE 23, 2020
'rs'
