Sara Carriere Dubey vs Ashish Dubey
2022 Latest Caselaw 2555 Del

                                          Neutral Citation Number 2022/DHC/004412


                         $~5
                         *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                         +      CM(M) 350/2022, CM APPL. 18412/2022
                                SARA CARRIERE DUBEY                                 ..... Petitioner
                                                   Through:     Ms.Priya Hingorani, Sr.Adv. with
                                                                Mr.Aman Higorani, Mr.Himanshu
                                                                Yadav and Mr.Anirudh Jamwal,
                                                                Advocates
                                                   versus
                                ASHISH DUBEY                                       ..... Respondent
                                                   Through:     Ms. Vandana Kejriwal, Adv.

                         %                                    Date of Decision: 13th October, 2022
                         CORAM:
                         HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

                                                      JUDGMENT

DINESH KUMAR SHARMA, J. (Oral)

1. The present petition has been filed challenging the order dated 23 rd March, 2022 with the following prayers: "(a) call for records and set aside of the impugned common Order dated 23.3.2022 passed by the Court of Sh. Praveen Kumar, then Principal Judge, Family Court South, Saket, New Delhi in Guardianship Petition No. 15/2019;

(b) permit the Petitioner mother and the minor children, Nathan and Anaya, to travel to France (post the participation of the minor son in second stage assessment process at Eton College, U.K.) during their

Signature Not Verified Digitally Signed By:PALLAVI VERMA Neutral Citation Number 2022/DHC/004412

upcoming summer vacation in May, 2022 and issue directions to the Respondent father to facilitate such travel."

2. Learned senior counsel for the petitioner submits that since the summer vacation have already gone and as per the instructions, in view of the consent order dated 13th April, 2022 passed by this Court, the visit could not take place at that point of time for certain logistics reasons. It has further been stated that however, now the visit has taken place and therefore she does not wish to press the present petition at this stage.

3. Learned senior counsel submits that she reserves her rights to raise all contentions before the learned Family Court where guardianship petition is pending as regards to the visit to France.

4. It is pertinent to mention here that in CM (M) 1009 of 2022, the permission had been granted by this Court vide order dated 23 rd September 23rd September, 2022 for visit of the children along with the parents to the U.K. and the passports were released in that case. Learned counsel for the respondent seeks permission to deposit the passports with the Registry after a week i.e. on or before 28th October, 2022 as the child Ananya Dubey has to appear for speaking test and she requires to take the passport along with her.

5. Let the passport of Son namely Nathan Karttikeya Dubey be deposited immediately forthwith and passport of child Ananya Dubey be deposited on or before 28th October, 2022 in CM (M) 1009 of 2022.

Signature Not Verified Digitally Signed By:PALLAVI VERMA Neutral Citation Number 2022/DHC/004412

6. Learned counsel for the respondent undertakes to deposit the passport accordingly.

7. In view of the above, the petition along with pending applications stands disposed of.

DINESH KUMAR SHARMA, J

OCTOBER 13, 2022 Pallavi

Signature Not Verified Digitally Signed By:PALLAVI VERMA