Delhi High Court
Aditi Bakht vs Abhishek Ahuja on 11 July, 2022
$~27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 211/2022
ADITI BAKHT ..... Petitioner
Through: Mr. Prashant Mendiratta and Mr.
Jasmeet S. Chadha, Advs.
versus
ABHISHEK AHUJA ..... Respondent
Through: Ms. Asmita Narula and Ms. Apoorva
Maheshwari, Advs.
% Date of Decision: 11th July, 2022
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J. (Oral)
CM APPL. 30072/2022 (clarification)
The present application has been filed with the following prayers:
(a). Clarify /modify the time stipulated in para 15 of the Judgment
dated 3.6.2022 for deciding the Guardianship Petition within four
weeks, by enhancing the time to such an extent, as may be deemed
fit and proper by this Hon'ble Court as well as to direct that the
interim application be decided as expeditiously as possible,
preferably within a period of 4 to 6 weeks.
(b). Permit the petitioner to withdraw the consent given for
visitation as observed in para 12 of the Judgment dated 3.6.2022
for the reasons mentioned in the present application.
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:14.07.2022
11:42:03
(c). Direct the Principal Judge, Family Court, South East, Saket
Courts, to decide the interim visitation application under Section
12 of Guardians & Wards Act without being influenced by the
consent given by the petitioner for the visitation as observed in
para 12 of the Judgment dated 3.6.2022.
The CM (M) 47/2022 was disposed of vide order judgment dated 3rd
June, 2022 with following directions:
"12. Thus, I consider that the orders dated 21.08.2021,
22.12.2021 and 04.03.2022 are liable to be set aside in the
interest of justice and for the purpose of restoring faith of both the
parties in the system of administration of justice. Thus, both the
petitions are disposed of with the following directions:
i. Orders dated 21.08.2021, 22.12.2021 and 04.03.2022 are set
aside.
ii. The Guardianship Petition no.8/2021 is restored to its
original number.
iii. The Principal judge, Family Court, South-East, Saket shall
keep the matter with himself/herself and decide the same in
accordance with law without being influenced by the earlier
orders passed by the learned Judge, Family court, South-East
District, Saket and any expression or observation made by this
court.
iv. It is agreed between the parties that till the Guardianship
Petition no.8/2021 is finally decided by learned Principal
Judge, Family Court, the father respondent shall have the
visitation rights on every Wednesday and Friday from 3:00 p.m
to 6:00 p.m. with the same arrangement of picking up and
dropping.
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:14.07.2022
11:42:03
v. In addition to that as agreed between the parties, there shall
be eight hours visitation from 10 a.m. to 6 p.m. on the following
dates:
04.06.2022 (Saturday)
12.06.2022 (Sunday)
18.06.2022 (Saturday)
25.06.2022 (Saturday)
26.06.2022 (Sunday)
02.07.2022 (Saturday)
09.07.2022 (Saturday)
vi. The father shall have also visitation right on the birthday of
the child i.e. 15.06.2022, which incidentally falls on Wednesday
for four hours from 2 p.m. to 6 p.m.
vii. The petitioner mother may travel during the month of June,
2022 along with the child. However, the petitioner mother shall
share the itinerary with the respondent father. If due to such
travel any visitation with the father is missed, it shall be
compensated in the following terms:
(a) One visitation for three hours shall be compensated on
07.07.2022 (Thursday) from 3 p.m. to 6 p.m. (respondent's
father's birthday-Paternal Grandfather's Birthday) and
other three visitations shall be compensated on 28.06.2022
(Tuesday) from 10 a.m. to 6 p.m."
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:14.07.2022
11:42:03
Learned counsel for the petitioner submits that in judgment dated 3rd
June 2022, this Court had requested to the learned Principal Judge, Family
Courts to dispose of the Guardianship Petition no.8/2021 as expeditiously as
possible preferably within four weeks. Learned counsel for the petitioner
further submits that the period of four weeks is too short as it will be
impossible for the learned Principal Judge, Family Courts to decide the
Guardianship Petition no.8/2021 considering the requirement of recording of
evidence.
This Court feels that it is not for the petitioner to ask for the extension
of time. However, if the learned Principal Judge, Family Courts would feel
that it is not possible to dispose of the petition within four weeks, the learned
Principal Judge, Family Courts may write to this Court seeking extension of
time.
Another prayer in the petition has been made whereby the petitioner
has sought to withdraw the consent given by her regarding the visitation
rights and thus for modification of order. The perusal of order indicates that
the visitation rights as agreed upon between the parties were only till 9th
July, 2022. Since the period has already elapsed, the prayer regarding
clarification or modification of orders stands infructuous.
Learned counsel for the petitioner further submits that in fact, four
visitation rights granted by this Court could not fructify as petitioner
defeated the same.
As per judgment dated 3rd June, 2022, the visitation rights on every
Wednesday and Friday from 3:00 pm to 6:00 pm is to operate till
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:14.07.2022
11:42:03
Guardianship Petition no.8/2021 is decided by the learned Principal Judge,
Family Courts. However, it is again clarified that the learned Principal
Judge, Family Courts shall decide the Guardianship Petition no.8/2021 as
per the facts placed before it and any observations made by this Court in
judgment dated 3rd June, 2022 shall not tantamount to any expression on
merits of the case.
It is also clarified that interim application under Section 12 CPC,
1908filed by the respondent/father herein shall also be decided by the
learned Principal Judge, Family Courts independently of any directions
passed by this Court in judgment dated 3rd June, 2022.
With these observations, the present application stands disposed of.
DINESH KUMAR SHARMA, J
JULY 11, 2022
Pallavi
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:14.07.2022
11:42:03
