Date Of Decision: 8.8.2025 vs Ravinder Kumar
2025 Latest Caselaw 3741 HP

Himachal Pradesh High Court

Date Of Decision: 8.8.2025 vs Ravinder Kumar on 8 August, 2025

Bench: Vivek Singh Thakur, Sushil Kukreja

                                                                                 2025:HHC:26854




          IN THE HIGH COURT OF HIMACHAL PRADESH,
                          SHIMLA

                                                       FAO (FC) No. 36 of 2025




                                                                                .

                                                       Date of decision: 8.8.2025

    Sapna Devi.                                                                  ...Appellant.





                                               Versus
    Ravinder Kumar.                                                               ...Respondent.
    Corum





    Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
    Hon'ble Mr. Justice Sushil Kukreja, Judge.

    Whether approved for reporting?1


    For the Appellant.                    Ms.Kiran Dhiman, Advocate.

                                          Appellant Sapna Devi present in person.
    For the Respondent:                   Mr.Hitender Verma, Advocate.



                                          Respondent-Ravinder Kumar present in
                                          person.




                                          Tara Devi mother of appellant present in
                                          person.





                                          Child Riya Thakur present in person.





                      Vivek Singh Thakur, Judge (Oral)

Appellant Sapna Devi is present alongwith her mother Tara

Devi and child Riya Thakur. Respondent Ravinder Kumar is also present.

2. On previous date i.e. 6.8.2025, following order was passed:-

"Appellant-Sapna Devi and Respondent-Ravinder Kumar are husband and wife.

Whether the reporters of the local papers may be allowed to see the Judgment ? Yes

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2. This appeal has been filed against the order dated 07.04.2025, passed by the Additional Principal Judge, Family Court, Sarkaghat with

a prayer to quash and set aside the same with direction to grant interim custody of minor child to appellant-mother till final decision of

.

Case No. 44/25, titled as Ravinder Kumar vs. Sapna Devi, under Section 25 of the Guardians and Wards Act, 1890 (for short the 'Act') and also seeking directions to the Family Court to re-hear the matter in

fair and impartial manner, after both parties are represented through counsel.

3. Learned counsel for the respondent submits that custody of the minor child was granted to him by this Court as well as by the Family

Court with visitation right of the appellant during vacation in the school of the minor child. However, on 06.07.2025, the appellant visited Baddi and in compliance of the orders passed by this Court, minor child was

handed over to appellant in Police Station Barotiwala. However,

thereafter, instead of returning/handing over the minor child to respondent, appellant took away the minor child with her and in this regard a report was also recorded in the Police Station. It has been further submitted that minor child is studying in P.C. Cambridge School,

Baddi, District Solan, in Class 6th for the academic sessions 2025-26 and due to absence from the school her studies are suffering but

appellant is not handing over the minor child to the respondent despite the orders passed by the Court regarding custody of minor child in

favour of respondent.

4. Appellant-Sapna Devi, present in person, has submitted that minor

child is not interested to stay with her father and she is complaining of bad touch by relatives of the respondent while staying with her father and, therefore, minor child is not interested to reside with respondent and, therefore, she has taken away to keep child with her and she has admitted minor child in Buds Orchard Public School, Chatter, Tehsil Dharampur, District Mandi, H.P.

5. Both, appellant and respondent, are agitating for custody of the minor child.

6. Respondent-Ravinder Kumar filed an application under Section 25 of the Act for custody of minor child named Riya against Sapna Devi

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before the Principal Judge, Family Court, Sarkaghat. In the said petition, appellant-Sapna Devi was proceeded exparte on 24.07.2024 and on that very day, after recording exparte evidence of the respondent, judgment was pronounced by handing over the custody of

.

minor child to the respondent.

7. The aforesaid order dated 24.07.2024 has assailed by the appellant- Sapna Devi by filing FAO (FC) No. 69 of 2024 in this High Court. A

Coordinate Bench of this High Court had set aside the order dated 24.07.2024 and the matter was remitted to the Family Court for re- adjudication and had disposed of the appeal with the following operative portion:-

"7. In the given facts and circumstances, we are of the considered view that the ends of justice would be met, in case, order dated 12.01.2024, whereby the ex parte r proceedings have been carried out against the appellant is

set aside and the consequent order dated 24.07"Appellant- Sapna Devi and Respondent-Ravinder Kumar are husband and wife.

2. This appeal has been filed against the order dated 07.04.2025,

passed by the Additional Principal Judge, Family Court, Sarkaghat with

a prayer to quash and set aside the same with direction to grant

interim custody of minor child to appellant-mother till final decision of Case No. 44/25, titled as Ravinder Kumar vs. Sapna Devi, under

Section 25 of the Guardians and Wards Act, 1890 (for short the 'Act') and also seeking directions to the Family Court to re-hear the matter in

fair and impartial manner, after both parties are represented through counsel.

3. Learned counsel for the respondent submits that custody of the minor child was granted to him by this Court as well as by the Family Court with visitation right of the appellant during vacation in the school of the minor child. However, on 06.07.2025, the appellant visited Baddi and in compliance of the orders passed by this Court, minor child was handed over to appellant in Police Station Barotiwala. However, thereafter, instead of returning/handing over the minor child to respondent, appellant took away the minor child with her and in this

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regard a report was also recorded in the Police Station. It has been further submitted that minor child is studying in P.C. Cambridge School, Baddi, District Solan, in Class 6th for the academic sessions 2025-26 and due to absence from the school her studies are suffering but

.

appellant is not handing over the minor child to the respondent despite

the orders passed by the Court regarding custody of minor child in favour of respondent.

4. Appellant-Sapna Devi, present in person, has submitted that minor child is not interested to stay with her father and she is complaining of bad touch by relatives of the respondent while staying with her father and, therefore, minor child is not interested to reside with respondent

and, therefore, she has taken away to keep child with her and she has admitted minor child in Buds Orchard Public School, Chatter, Tehsil Dharampur, District Mandi, H.P.

5. Both, appellant and respondent, are agitating for custody of the

minor child.

6. Respondent-Ravinder Kumar filed an application under Section 25 of the Act for custody of minor child named Riya against Sapna Devi

before the Principal Judge, Family Court, Sarkaghat. In the said petition, appellant-Sapna Devi was proceeded exparte on 24.07.2024 and on that very day, after recording exparte evidence of the

respondent, judgment was pronounced by handing over the custody of minor child to the respondent.

7. The aforesaid order dated 24.07.2024 has assailed by the appellant- Sapna Devi by filing FAO (FC) No. 69 of 2024 in this High Court. A

Coordinate Bench of this High Court had set aside the order dated 24.07.2024 and the matter was remitted to the Family Court for re- adjudication and had disposed of the appeal with the following operative portion:-

"7. In the given facts and circumstances, we are of the considered view that the ends of justice would be met, in case, order dated 12.01.2024, whereby the ex parte proceedings have been carried out against.2024, is also set aside. However, since the custody of the minor child is with that of the respondent herein, we are of the considered view

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that the same should remain with the respondent till further orders, affording the appellant herein the visitation right.

8. Since there are vacations in the school where the minor child is studying, the appellant shall be entitled to the

.

temporary custody of the child from today up to 07.04.2025.

9. The parties to appear before the learned Court below on 07.04.2025, when the child shall be produced before the

Court.

10. The appellant herein shall also file her reply to the main petition and if so desire file an application for visitation right, which application needless to say shall be considered on its

own merit."

8. Thereafter, parties appeared before the Family Court on 07.04.2025, where after taking into consideration the material on record, dialogues

between the parties with minor child, conduct of the parties and also taking into consideration that custody of child, by the High Court, was

directed to remain with the respondent till further orders, but affording the appellant with visitation rights, Family Court had directed to handover the custody of the child to the father till further orders and

matter was listed for 30.04.2025.

9. The appellant assailed the order dated 07.04.2025, passed by Family Court, Sarkaghat in Case No. 44 of 2025, titled as Ravinder

Kumar vs. Sapna Devi, with prayer to hand over interim custody of

minor child to her.

10. In the aforesaid backdrop, on 18.06.2025, Coordinate Bench had passed the following order:-

This application has been filed by applicant/appellant for grant of temporary custody of the minor child w.e.f. 31.05.2025 i.e. after school, upto 30.06.2025.

It is not in dispute that the minor child is studying and has vacations for the entire month of June.

In this view of the matter, we are of the considered view that the applicant/appellant should be

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handed over temporary custody of the minor child upto 30.06.2025.

Accordingly, the respondent is directed to handover the minor child to the applicant/appellant, who is

.

permitted to have temporary custody of the child upto

30.06.2025 and thereafter shall hand-over the minor child to the respondent on 01.07.2025 at 05:00 PM at Baddi, H.P.

The application stands disposed of.

Even though with the passing of the aforesaid order, the instant appeal has been rendered infructuous,

however, on the submissions made by learned counsel for the appellant, who states that she has just received the copy of the paper-book, we deem it appropriate to adjourn this r case by two weeks. Ordered accordingly. List on 02.07.2025."

11. In terms of order dated 18.06.2025, on 02.07.2025, custody of minor child was handed over to the respondent under the orders of Court reserving the visitation rights of the appellant on holidays.

12. After 02.07.2025, the first holiday was Sunday on 06.07.2025. As recorded supra, the child was handed over to the appellant in Police Station Barotiwala as per her visitation rights in terms of the orders of

the Court, but the appellant took the minor child with her.

13. While hearing the parties, respondent-Ravinder Kumar, submits that though his permanent address is village Bhagwani, Post Office Ledda, Tehsil Ghumarwin, District Bilaspur, as mentioned in the memo

of parties, however, he is residing at Baddi. He has further stated that the appellant is not residing with his family at village Bhagwani. Whereas the appellant had submitted that her permanent address is same as that of respondent and she has been residing in village Bhagwani, however, thereafter, she further clarified that at present she is residing in rented accommodation in Sundernagar Town in District Mandi.

14. In response to the concerns expressed by the respondent about the adverse impact on the study of minor child, appellant stated that she

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has admitted the child in Buds Orchard Public School, Chatteri, Tehsil Dharamapur, District Mandi, H.P. Appellant has submitted that she intends to keep the child with her but shall not hand over the child to the respondent at any cost, even if on account of quarrel, the child is

.

required to be sent to some Bal Niketan or Child Care institution.

15. From the aforesaid facts, it is apparent that minor has been removed from the custody of father by the appellant-mother in violation

of orders passed by this Court. Though she is claiming that she intends to keep the minor child with her, but at the same time from her disclosure about her residence and school wherein minor child has been claimed to be admitted, it is apparent that she is not residing with

her inlaws or with her mother's place, but is residing in a rented accommodation at Sundernagar, which is far away from Chatter where minor child is claimed to have been admitted in public school.

16. Admittedly, main application filed by the respondent under Section

25 of the Act is pending adjudication before Family Court, Sarkaghat and vide order dated 22.03.2025, Coordinate Bench of this High Court had expressed considered view that custody of the minor child should remain with the respondent till further orders.

17. Despite unambiguous and clear orders passed by the Court, appellant has acted in defiance thereof, however, today, as she has

undertaken to produce the minor child in the Court on 08.08.2025, instead of passing any adverse order against her for violation of orders

of the Court, matter is adjourned for 08.08.2025, for production of child and handing over her to the respondent in this Court. List for further orders on 08.08.2025."

3. In the aforesaid backdrop, today, appellant Sapna Devi has

produced minor child Riya Thakur. She has expressed hesitation to

handover the child to respondent with allegation that the child was not

happy with father and was being subjected to bad touch by relatives of

the husband. Whereas these allegations have been refuted by the

respondent.

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4. On previous date, it was claimed by the appellant that Riya

Thakur has been admitted in Buds Orchard Public School, Chatteri,

Tehsil Dharampur, District Mandi, H.P., but today she has submitted that

.

Riya Thakur has not been admitted yet in any school, but she (appellant)

had orally discussed with Principal/Teachers of the said School regarding

admission of Riya Thakur in the said school and she (appellant) has also

tried to get the homework of Riya Thakur completed at home where child

has been kept with mother of the appellant i.e. in village Chatteri, with

further submission that though she is residing at Sundernagar, but she

used to instruct and teach her daughter through mobile phone of her

mother.

5. Though, appellant is agitating for handing over custody of

her minor child to her, but at the same time she has also disclosed that

child is residing at village Chatteri and she is residing at Sunernagar.

6. It is also pertinent to record that on 7.4.2025 before

Additional Principal Judge, Family Court, Sarkaghat a suggestion was

given by the Family Court to send the child to some Institution/Ashram

instead of handing her custody to either of the parents, but the

respondent-father had opposed the said proposal however the appellant-

mother had agreed for that.

7. Maternal Grandmother of child Riya Thakur is also present

in the Court. It has also been stated by maternal Grandmother of child

that for a year child was happy with father, but since child has been

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brought by appellant, the child is not interested to go with father. She has

also suggested to send the child to Child Care Home or any other

Institution instead of sending the child in custody of respondent-Ravinder

.

Kumar. Such indifferent attitude also reflects the mindset of the appellant

as well as her mother indicating the extent of their concern to care for the

feelings of the child.

8. It is also apt to record that in the morning case was passed

over as learned counsel for the appellant was on the way. After some

time, large number of Advocates had requested to the Court to take up

the matter at the earliest as they noticed that the appellant was

pressurizing the child to speak in the Court as being tutored by her.

9. This appeal has been filed seeking interim custody of minor

child by the appellant during pendency of case No. 44 of 2025, pending

adjudication before the Family Court.

10. From the conduct of the appellant, as yet, no case is made

out for interim custody of the child to to her.

11. It is also apt to record that she has taken child Riya Thakur

from the custody of respondent in defiance of the order passed by the

Court.

12. In the aforesaid circumstances appellant is directed to

handover the child Riya Thakur to respondent-Ravinder Kumar, failing

which Court shall be constrained to take coercive measure for ensuring

the compliance of order passed by the Court.

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13. At this stage, appellant has also submitted that she intends

to transfer the case from Sarkaghat to some other Court. Before the

Family Court, on 7.4.2025, appellant had leveled allegations against the

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Court with intention to get the case transferred, whereupon, as evident

from the copy of order placed on record, she was directed by the

Presiding Officer to take appropriate action for transfer of the case from

the said Court. Therefore, in case appellant intends to get the case

transferred from Family Court Sarkaghat, she is at liberty to move

appropriate application in competent Court and such application shall be

considered by the said Court on its own merit without being influenced by

any observation made by this Court in this order.

14. As per order dated 7.4.2025 passed by the Family Court, till

7.4.2025 no application has been filed by the appellant for visiting rights

despite the order passed by this High Court in this regard, granting liberty

to file such application. Now an application for getting visitation right to

meet the child is stated to have been filed before the Family Court, which

is stated to be pending adjudication.

15. In the aforesaid facts and circumstances, we do not find any

merit in the appeal and accordingly the same is dismissed. However, it is

made clear that at the time of adjudication of main petition preferred by

respondent under Section 25 of the Guardian and Wards Act, 1890 as

well as any other application filed by either party including application

claimed to be preferred by appellant for visitation rights, the concerned

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Court shall pass the order on merits considering the material placed

before it by the parties without being influenced by any observations

made by this Court in this order, however obviously by taking all

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surrounding circumstances into consideration.

16. Needless to say that at the time of passing any order

welfare of child shall be paramount consideration.

17. Parties are directed to appear before the Family Court on

2nd September, 2025, the date already fixed as informed by the appellant.

The appeal stands disposed of in aforesaid terms.

(Vivek Singh Thakur), Judge.

(Sushil Kukreja), Judge.

8th August, 2025 (Keshav)