Delhi High Court
Nitish Gupta vs Smt. Shyama Gupta on 22 May, 2025
Author: Navin Chawla
Bench: Navin Chawla
$~139
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 22.05.2025
+ MAT.APP.(F.C.) 192/2025
NITISH GUPTA .....Appellant
Through: Mr. Shekhar Parit Jha, Adv.
versus
SMT. SHYAMA GUPTA .....Respondent
Through: Nemo.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
HON'BLE MS. JUSTICE RENU BHATNAGAR
NAVIN CHAWLA, J. (Oral)
CM APPL. 31786/2025 (Exemption)
1. Allowed, subject to all just exceptions.
CM APPL. 31787/2025 (Delay)
2. For the reasons mentioned in the application, the delay of 26
days in filing the appeal is condoned.
MAT.APP.(F.C.) 192/2025
3. This appeal has been filed by the appellant, praying for the
following reliefs;
"a)Accept the present appeal against the
Impugned order dated 27.02.2025 passed in
G.P. No 80/2024 by the court of Ms. Aditi
Chaudhary, Ld. Principal Judge, West district,
Tis Hazari Courts, Delhi,
b) Call for the record of G.P. No 80/2024
entitled as "Nitish Gupta Versus Shyama
Gupta", pending before the Court of Ms. Aditi
Chaudhary, Ld. Principal Judge, West district,
Tis Hazari Courts, Delhi and is fixed for
05.06.2025,
c) Direct the respondent to entrust the custody
of baby Danisha to the appellant for 15 days
continuously and further every Saturday and
Sunday, during the summer holiday in her
school,
d) May pass such other or further order as this
Hon'ble Court deem fit and proper in favour of
the Appellant and against the Respondents."
4. The impugned order has been passed with the consent of the
parties. We reproduce the relevant portion of the impugned order
dated 27.02.2025, as under;
"As mutually agreed between the parties, the
respondent shall bring the child to enable the
petitioner to meet the child on 13.03.2025,
22.03.2025, 12.04.2025, 26.04.2025,
10.05.2025 and 24.05.2025 at Pacific Mall,
Subhash Nagar between 05:00 p.m. to 08:00
p.m.
Meanwhile, written statement be filed within
four weeks with advance copy to the petitioner
who may file replication, if any within two
weeks of receipt of written statement.
To come up for reporting compliance,
completion of pleadings, admission-denial of
documents and framing of issues on
05.06.2025."
5. The learned Counsel for the appellant was asked to satisfy the
Court on the maintainability of the preset appeal in view of sub-
Section (2) of Section 19 of the Family Courts Act, 1984.
6. The learned counsel for the appellant submits that since the
respondent is not complying with the impugned order, and considering
that the prayer pertains to the visitation rights during the summer
vacation, the appeal should be heard and considered on merits.
7. The learned counsel for the appellant submits that the appeal is
maintainable, and in support of this plea, he places reliance on the
Judgments of the Supreme Court in Rosy Jacob v. Jacob A.
Chakramakkal (1973) 1 SCC 840, and Vikram Vir Vohra v. Shalini
Bhalla AIR 2010 SC 1675.
8. We are of the view that in case the respondent is not complying
with the impugned order or any further directions as to visitation are
sought, the remedy of the appellant is to file appropriate application
before the learned Family Court. In light of the express statutory bar
on the maintainability of the present appeal, we are unable to entertain
the same.
9. We also find that reliance on the aforesaid judgments is
misplaced, inasmuch as those judgments merely state that all the
directions with respect to the custody of a child are interlocutory in
nature and that a change in circumstances may warrant a modification
of such directions. For seeking such a modification, if at all, the
appropriate remedy of the appellant is to again approach the learned
Family Court afresh. The present appeal, therefore, remains non-
maintainable.
10. Accordingly, the appeal is dismissed, leaving it open to the
appellant to avail of his remedies in accordance with law. The
appellant shall pay cost of Rs.20,000/- to be deposited with the Delhi
High Court Clerks Welfare Fund, within a period of two weeks from
today.
NAVIN CHAWLA, J
RENU BHATNAGAR, J
MAY 22, 2025
Pallavi/MY/DG
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