[Cites 2, Cited by 0]
Delhi High Court
Dixita Ghai vs Harshul Ghai on 9 April, 2026
Author: Sachin Datta
Bench: Sachin Datta
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 09.04.2026
+ CONT.CAS(C) 1408/2022 and CM APPLs.40279/2023,
43495/2023, 49805/2023, 25398/2024
DIXITA GHAI .....Petitioner
Through: Ms. Meera Kaura Patel, Adv.
(DHCLC), Mr. Zainab Hussain, Ms.
Ritika Saini, Adv. along with
petitioner in person.
versus
HARSHUL GHAI .....Respondent
Through: Advocate (appearance not given)
Respondent in person (through v/c)
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
SACHIN DATTA, J. (ORAL)
1. The present petition alleges wilful disobedience of the directions
contained in the orders dated 22.03.2022, 19.10.2022 and 05.11.2022,
passed in GP No.108/2021 titled as Dixita Ghai vs. Harshul Ghai.
2. The order dated 22.03.2022 passed in G.P No.108/2021 reads as
under: -
"Part arguments on petitioner's interim custody application heard.
At this stage, parties have had mutual discussion pursuant to which
respondent has agreed to hand over custody of minor child Master Angad
to petitioner on every first and third Saturday of the month at 10:00 AM at
Children Room, Tis Hazari. The petitioner can take the child with her and
shall return back Master Angad to respondent at 4:30 PM at Children
Room, Tis Hazari. The meeting place of Tis Hazari has been agreed upon
Digitally Signed CONT.CAS(C) 1408/2022 Page 1 ofSigned
Digitally 9
By:CHINU LUTHRA By:SACHIN DATTA
Signing Date:09.04.2026 Signing Date:09.04.2026
20:09:39 20:11:02
by the parties as they have multiple cases pending against each other and
there is apprehension of further disputes in case parties meet outside the
Court Complex / Children Room. In case first and third Saturday of the
month happens to be a Court holiday then the meeting shall take place on
next working Saturday falling thereafter. Both parties shall ensure that
meeting takes place in congenial atmosphere and they do not speak ill
about each other or their respective family members in presence of the
minor child.
Be listed for further arguments on petitioner's interim application on
01.06.2022 at 2:00 PM. Copy of order given dasti to learned counsels for
parties, as praved for."
3. The order dated 19.10.2022 passed in G.P No.108/2021 reads as
under:-
"1. An application U/s 151 CPC of the petitioner/mother, seeking
visitation with the son namely Angad, aged about 4 years, of the parties
on the occasion of festival of Diwali and Bhai Duj, is pending. During
the course of arguments on the application, petitioner/mother submits
that without prejudice to her rights and contention, she is not pressing
her prayer to meet the child on the festival of Diwali but the meeting of
the child/son be fixed on the festival of Bhai Duj on 27.10.2022, so that
the daughter namely Lavya of the parties, may celebrate the festival of
Bhai Duj with her brother Angad. With the mutual discussion of the
parties, it has been agreed between them that respondent/father will
bring their son Angad in the Children Room on 27 10.2022 at 03:00 PM,
so that both the kids of the parties may celebrate festival of Bhai Duj
Statements of the parties recorded separately to this effect.
Accordingly, it is directed that respondent/father will bring the child
Angad on 27.10.2022 at 03.00 PM, in Children Room, Tis Hazarı Court,
Delhi.
In view of above, the application U/s 151 CPC of the petitioner/mother,
seeking visitation with the child/son on the occasion of festivals of Diwali
& Bhai Duj is disposed off.
2 Both the parties are seriously at dispute regarding the scheduled
meeting of the child/son with the petitioner/mother as they both are
Digitally Signed CONT.CAS(C) 1408/2022 Page 2 ofSigned
Digitally 9
By:CHINU LUTHRA By:SACHIN DATTA
Signing Date:09.04.2026 Signing Date:09.04.2026
20:09:39 20:11:02
making allegations against each other since as per petitioner/mother, the
respondent/father intentionally does not give the custody of the child to
her but as per respondent/father it is the child who does not want to meet
his mother Counsel for respondent/father has pointed out on certain
observations made by 1d Mahila Court, Saket, regarding this.
3. As per the order dated 22.03.2022, father/respondent has to hand over
the custody of the child to the mother on first and third Saturday of every
month in Children Room, Tis Hazari at 10:00 AM but as mentioned
hereinabove, due to one reason or the other, the order dated
22.03.20232, has not been complied since few months due to which
petitioner/mother is deprived of the custody of the child. This court deem
it appropriate that on the upcoming scheduled meeting falling on
05.11.2022, the custody will be handed over by the respondent/father to
the petitioner/mother in the presence of court/undersigned on 05.11.2022
at 09:30 AM.
Put up for reply and arguments on pending applications, on 19.12.2022
at 12:30 PM."
4. The order dated 05.11.2022 passed in G.P No.108/2021 reads as
under: -
"Vide order dated 22.3.2022, the petitioner-mother was permitted to
take the custody of her minor son, aged about 4 years, on the first and
third Saturday of every month and it was further decided between the
parties that the petitioner-mother would take the custody of the child at
10:00 AM from Children Room and will give hack the custody to the
respondent-father in the evening on the same day at 04:30 PM.
From last several dates, the petitioner-mother was informing the court
that respondent-father is not bringing the child in compliance of order
dated 22.03.2022, regarding which she filed application also The
matter was listed before the court on 19.10.2022, when the respondent-
father said that the child does not want to meet his mother and in this
regard, he placed on record the order dated 23.06.2022 of l.d. Mahila
Court, Saket, wherein certain observations are made on the behaviour
of the child while meeting the petitioner-mother, therefore, vide order
dated 19.10.2022, this court directed that on the scheduled meeting of
Digitally Signed CONT.CAS(C) 1408/2022 Page 3 ofSigned
Digitally 9
By:CHINU LUTHRA By:SACHIN DATTA
Signing Date:09.04.2026 Signing Date:09.04.2026
20:09:39 20:11:02
the petitioner-mother with the child, the custody will be handed over in
the presence of the undersigned today at 09:30 AM.
Today, petitioner-mother alongwith her minor daughter, aged about 1 ½
years, is present in the court room since 09.30 AM to take custody of her
son but the respondent-father has not appeared from last half an hour,
therefore, the court staff and In charge, Children Room, Tis Hazari Court,
were asked to make phone call to the respondent-father and his counsel.
Sh. Sudhir. Orderly, attached with this court submits that despite
repeatedly calling the respondent-father and his counsel, they are not
picking his calls. Screenshot of the call log of Sh. Sudhir, Orderly, is
attached on the file. In the meantime, In-charge, Children Room, has also
appeared and has filed her written report that she has tried to contact the
respondent-father thrice but he did not take her call, therefore, she made a
telephonic call to his counsel Sh. Lal Singh who told that last night the
respondent-father had gone to the party from where he came late,
therefore, he (respondent) has not come to court but will reach by 11:30
AM. The conduct of the respondent-father on the face of it is not acceptable
to the court as on earlier occasions also, the petitioner-mother has
informed the court that respondent-father has not brought the child in
Children Room in compliance of order dated 22.03.2022. The petitioner-
mother submits that she has not met her son since long time, therefore, she
will further wait for the child. At her request, put up at 11:30 AM.
(Charu Aggarwal)
Judge Family Court-02,
West District, THC-05.11.2022
At 11:30 AM
Present: As above.
Petitioner-mother alongwith her minor daughter and counsel is present in
court but the respondent/father has not appeared. Petitioner-mother
submits she is eagerly waiting to meet her son and will wait till 12:00
Noon.
Put up at 12:00 Noon. In the meantime, In-charge, Children room, is
directed to file her report since March-2000 till 15.10.2022 (scheduled
Digitally Signed CONT.CAS(C) 1408/2022 Page 4 ofSigned
Digitally 9
By:CHINU LUTHRA By:SACHIN DATTA
Signing Date:09.04.2026 Signing Date:09.04.2026
20:09:39 20:11:02
meetings as per order dated 22.03.2022) showing the presence of the
parties in the Children Room, Tis Hazari Court, Delhi.
(Charu Aggarwal)
Judge Family Court-02, West District, THC-05.11.2022
Dixita Ghai Vs. Harshul Ghai
05.11.2022 At 12:00 Noon
Present
Petitioner-mother with her minor daughter and counsel Sh Ajay
Chawla.
None for respondent/father.
Petitioner-mother submits that her daughter is very small and since
morning she is eagerly waiting for her son but now her daughter, aged
about 2 years, has started crying but she will still wait for further 15-20
minutes and thereafter, she seeks liberty to leave She is allowed to
leave as per her convenience.
In-charge, Children Room, has filed her report of even date showing the
presence of both the parties in Children Room as per order dated
22.03.2022 The said report clearly shows that respondent-father has no
respect for court of law. In pursuance of order dated 22.03.2022, total 15
scheduled meetings were fixed till 15.10.2022, out of these 15 meetings,
respondent-father has brought the child only on five scheduled meetings i.e.
02.04.2022, 16.04.2022, 07.05.2022, 02.07.2022 and 06.08.2022, and in
remaining ten meetings, he either came late at 01:00 PM, 01:20 PM, 02:00
PM or 02:40 PM or did not come, at all with the child.
Today, this court is not passing any adverse order against the respondent-
father since he has filed an application seeking modification of order dated
22.03.2022 and the observations of ld. Mahila Court on the behaviour of
the child are also brought to the notice of this court. Matter is fixed before
the court on 19.12.2022, for arguments on all pending applications. In the
meantime, respondent-father is directed to comply the order dated
22.03.2022 in letter & spirit.
Digitally Signed CONT.CAS(C) 1408/2022 Page 5 ofSigned
Digitally 9
By:CHINU LUTHRA By:SACHIN DATTA
Signing Date:09.04.2026 Signing Date:09.04.2026
20:09:39 20:11:02
The next scheduled meeting of the mother with the child is on 19.11.2022.
The same directions contained in order dated 19.10.2022, are hereby
passed that the custody of the child will be handed over to the petitioner-
mother, on 19.11.2022 at 09.30 AM, in the presence of undersigned in the
chamber.
(Charu Aggarwal)
Judge Family Court-02,
West District, THC-05.11.2022
At 01:00 PM
File again taken up as the respondent-father has appeared with the
minor child/son and proxy counsel Sh. Sahil Gandhi.
Present: Respondent/father with his son and proxy counsel Sh.
Sahil Gandhi.
Respondent-father submits that he did not appear in the morning since
the child was reluctant in coming to the court except this no other
plausible reason has come forward as to why the respondent-father has
not come to the court in the morning at 09.30 AM to hand over the
custody of the child to the petitioner mother in compliance of order
dated 19.10.2022. It is the duty of the custodian parents to make
understand the child that the love and affection of non-custodian parent
is equally important.
Respondent-father is apprised about the directions passed hereinabove
regarding the handing over the custody of the child to the petitioner-
mother on the next scheduled meeting on 19.11.2022 at 09:30 AM, in
the presence of the undersigned in the chamber."
5. It is submitted that despite repeated directions, the petitioner is not
being afforded visitation in terms of the aforesaid directions.
6. It is also pointed out that vide order dated 21.12.2022, passed in these
proceedings, this Court recorded a prima facie finding that the respondent is
guilty of committing contempt of the aforementioned orders. Again, vide
Digitally Signed CONT.CAS(C) 1408/2022 Page 6 ofSigned
Digitally 9
By:CHINU LUTHRA By:SACHIN DATTA
Signing Date:09.04.2026 Signing Date:09.04.2026
20:09:39 20:11:02
order dated 25.07.2023 passed in the present proceedings, it was recorded as
under:
"1. This Court in the order dated 21.12.2022 has prima facie observed
that the respondent father is guilty of contempt. Despite the same, the
respondent is not complying with the orders dated 22.03.2022,
19.10.2022 and 05.11.2022 in GP No.108/2021. In addition, out of 15
scheduled meetings till 15.10.2022, the respondent father has brought
the child only for 5 scheduled meetings. This is an unacceptable state of
affairs.
2. It is, therefore, directed that the respondent father shall comply with
the above said orders dated 22.03.2022, 19.10.2022 and 05.11.2022
starting from this Saturday, i.e. 29.07.2023.
3. Thereafter, the child shall be produced before the Children Room,
Tis Hazari Courts, Delhi on 05.09.2023, 19.09.2023 and 02.09.2023 at
IO a.m. and the petitioner will take the child with her and return with
the child at 4:30 p.m. at Children Room, Tis Hazari Courts, Delhi.
4. In case the above schedule is not strictly complied with by the
respondent, the petitioner will be at liberty to file an application
seeking early hearing of the petition.
5. On all these above said visitations, the petitioner shall also be
entitled to bring her daughter for a better interaction with master
Angad.
6. On 30.08.2023 i.e. on the day of Rakhi festival the respondent shall
bring the minor child Master Angad from 11 :30 a.m. till 3:30 p.m. at
Haldiram (restaurant), Connaught Place, New Delhi for the
celebration of the festival with the petitioner and the minor daughter.
7. The petitioner and respondent will show restrain and respect to each
other during all forthcoming visitations.
8. List on 08.09.2023, on which date the respondent shall remain present
in Court."
7. Learned counsel for the petitioner also draws attention to the fact that
Digitally Signed CONT.CAS(C) 1408/2022 Page 7 ofSigned
Digitally 9
By:CHINU LUTHRA By:SACHIN DATTA
Signing Date:09.04.2026 Signing Date:09.04.2026
20:09:39 20:11:02
in the last three months visitation has been afforded to the petitioner only on
three occasions. It is submitted that on most occasions, the visitation was
avoided by the respondent, citing some reason or the other.
8. During the course of hearing, learned counsel for the respondent, on
instructions from the respondent, who appears virtually, submits that the
respondent is not averse to affording visitation to the petitioner.
9. Accordingly, it is directed as under:
(i) On 11.04.2026, visitation of the petitioner with the child shall take
place at the Delhi High Court Mediation and Conciliation Centre
(DHCMCC) from 11.00 AM to 02.00 PM. The said interaction
between the petitioner and the child shall take place in the presence of
a child counsellor to be appointed by the DHCMCC;
(ii) The respondent shall not remain present at the time of
visitation/interaction;
(iii) Thereafter, subject to further orders in these proceedings,
visitation shall take place on every first and third Saturday at the
Delhi High Court Medication Centre from 11.00 AM to 02.00 PM in
the above terms, in the presence of the appointed child counsellor;
(iv) The Child Counsellor shall submit its report based on the
interaction between the petitioner and the child, before the next date
of hearing;
(v) As already directed vide order dated 22.11.2025, the petitioner
shall also be permitted to make a video-call to her minor son. Let the
same be facilitated by the respondent on every Tuesday and Sunday at
04.30 PM.
Digitally Signed CONT.CAS(C) 1408/2022 Page 8 ofSigned
Digitally 9
By:CHINU LUTHRA By:SACHIN DATTA
Signing Date:09.04.2026 Signing Date:09.04.2026
20:09:39 20:11:02
10. Learned counsel for the respondent undertakes to remain bound with
the aforesaid arrangement. He further requests that the parties be referred to
mediation to try and resolve the difference between the parties.
11. Accordingly, the parties are also referred to mediation under the aegis
of DHCMCC. Let the parties appear before the mediation proceedings on
16.04.2026 at 3.00 P.M.
12. It is made clear that the above visitation arrangement shall not be
disrupted during pendency of the mediation.
13. List in Court for further proceedings on 06.07.2026.
14. Order dasti.
APRIL 9, 2026/cl SACHIN DATTA, J
Digitally Signed CONT.CAS(C) 1408/2022 Page 9 ofSigned
Digitally 9
By:CHINU LUTHRA By:SACHIN DATTA
Signing Date:09.04.2026 Signing Date:09.04.2026
20:09:39 20:11:02
