Delhi High Court
Jyoti Phogat vs Ashwani Kadian on 27 May, 2022
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 238/2022, CM APPL. 13149/2022
JYOTI PHOGAT ..... Petitioner
Through: Ms.Rekha Aggarwal, Advocate
with petitioner in person.
versus
ASHWANI KADIAN ..... Respondent
Through: Mr.Narender Singh Bisht and
Mr.Yatinder Bainsla,
Advocates
% Date of Decision: 27th May, 2022
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J. (Oral)
1. The present petition has been filed challenging the impugned order
dated 16.02.2022 whereby Principal Judge, Family Court (South-West),
Dwarka passed an order, which is reproduced hereinbelow:
"GP No. 38/2019
Ashwani Kadian
16.02.2022
Present : Petitioner with Ld. Counsel Sh. Yatinder (Ld.
Counsel through VC).
Respondent with Ld. Proxy Counsel Sh. Sanjay Kumar.
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:31.05.2022
11:29:47
Ld. Counsel for petitioner seeks adjournment to file list of
witnesses and evidence affidavit. Allowed to do so within two
weeks providing advance copy to the opposite party.
Respondent seeks adjournment to file reply to application
under Section 151 CPC of petitioner seeking permission to keep
his son overnight with him on alternate Saturdays and on special
occasions. Allowed to do so within two weeks providing advance
copy to the opposite party.
Ld. Counsel for petitioner requests for providing custody of
the child to the petitioner. He submits that as ordered on
22.09.2020 petitioner is meeting with the child virtually twice in
a month on 2nd & 4th Sunday of each month but for the last two
years he has not met the child physically. He submits that for
creating bonding between the child and father custody, alteast
for two days in a month, should be given to the petitioner.
Heard.
As agreed, on 1st & 3rd Saturday of each month, respondent
will hand over custody of the child to petitioner at 10:00 AM at
Children Room Family Court, Dwarka and child will be handed
over back to the respondent by the petitioner on the same day at
5:00PM at Children Room, Family Court, Dwarka. Petitioner
will not take the child outside Delhi.
Copy of this order be given Dasti to both the parties for
necessary compliance.
Put up for PE and arguments on applications under Section 151
CPC & under Section 12 of G&W Act on 25.04.2022.
-sd-
(Sanjay Garg-I)
PJFC (SW) Dwarka,
New Delhi/16.02.2022"
2. The grievance of the petitioner is that the present order has been
passed by the learned Principal Judge, Family Court without even calling for
the reply from the parties. It has been submitted that this matter requires
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:31.05.2022
11:29:47
consideration and for the welfare of the child, the interim arrangement
should not have been done without hearing the parties in detail. Per contra,
learned counsel for the respondent submits that in fact, it was a consent
order passed by the Principal Judge, Family court and therefore, now the
petitioner cannot say that the order has been passed without considering the
contentions of the parties.
3. Both the parties agree that the application under Section 12 of the
Guardians and Wards Act, 1890 is still pending disposal before the learned
Principal Judge, Family Court and the pleadings are complete in that regard.
4. Without going into the merits and contentions of the parties, the
present writ petition is disposed of with the direction to the learned Principal
Judge, Family Court to decide the application under Section 12 of the
Guardians and Wards Act and the application under Section 151 of the CPC
dated 11th October, 2021 filed by the respondent be disposed of
expeditiously in accordance with law.
5. Interim order passed by this Court shall remain continued till the
disposal of the aforesaid applications.
DINESH KUMAR SHARMA, J
MAY 27, 2022/rb
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:31.05.2022
11:29:47
