Delhi High Court
Harish Jindal vs Garima Jindal on 16 July, 2024
Author: Rajiv Shakdher
Bench: Rajiv Shakdher, Amit Bansal
$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 16.07.2024
+ MAT.APP.(F.C.) 220/2024
HARISH JINDAL .....Appellant
Through: Mr Alok Kumar, Sr. Advocate with
Mr Amit K. Singh, Mr Varun
Maheshwari, Mr Manan Soni and Mr
Sachin Kumar, Advocates.
versus
GARIMA JINDAL .....Respondent
Through: Ms Swaty Singh Malik with Mr
Rohan Kumar and Ms Divisha,
Advocates along with respondent in
person.
CORAM:
HON'BLE MR JUSTICE RAJIV SHAKDHER
HON'BLE MR JUSTICE AMIT BANSAL
[Physical Hearing/Hybrid Hearing (as per request)]
RAJIV SHAKDHER, J.: (ORAL)
1. Allowed, subject to just exceptions.
MAT.APP.(F.C.) 220/2024 and CM APPL. 39571/2024 [Application
filed on behalf of the appellant seeking direction]
2. Issue notice.
2.1 Ms Swaty Singh Malik, learned counsel, accepts notice on behalf of
the respondent/mother.
3. With the consent of the learned counsel for the parties, the appeal is
taken up for hearing and final disposal, at this stage itself.
4. This appeal is directed against the judgment and order dated
03.06.2024 passed by Mr Harish Kumar, learned Family Court Judge,
Patiala House Courts, New Delhi in an application preferred by the
appellant/father under Section 12 of the Guardians and Wards,1890 [in
short, "Act"].
4.1 The operative directions issued are contained in paragraphs twelve
(12) and thirteen (13) of the impugned judgment and order. For
convenience, the same are extracted hereafter:
"12. Hence, at this stage physically meeting of the son with the
petitioner will not be good for the child, however, he may meet the
child virtually i.e. by way of letter, email or Whatsapp chat expressing
his love and affection thereby trying to win him back or alternatively
allow some more time to pass.
13. With aforesaid observation, direction and with liberty to the
petitioner to reagitate for interim custody/visitation, the application of
the petitioner u/s 12 of the G & W Act stands disposed of
accordingly."
5. Mr Alok Kumar, learned senior counsel, who appears on behalf of the
appellant/father says that, for the moment, the appellant/father will be
satisfied if the order is varied to the extent that the appellant/father has an
opportunity to interact with the child (who is about 14 years old) via a video
call made through WhatsApp.
6. Ms Malik, on instructions of the respondent/mother, says that the
respondent/mother will facilitate the meeting through a video call via
WhatsApp.
7. Accordingly, the appeal is disposed of with a direction that paragraph
twelve (12) of the impugned judgment and order will stand varied to the
extent that the appellant/father would have liberty to interact with the child
every Sunday, between 12.00 Noon and 12.30 P.M., through a video call via
WhatsApp.
7.1 This direction will operate from 21.07.2024.
8. Other parts of the impugned judgment and order will remain
unaltered.
9. Pending applications shall also stand closed.
RAJIV SHAKDHER, J
AMIT BANSAL, J
JULY 16, 2024 /tr
