Dr. Geetanjali Aggarwal vs Dr. Manoj Aggarwal

$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision : 15.06.2026
+ MAT.APP.(F.C.) 211/2026 & CM APPL. 38911/2026
DR. GEETANJALI AGGARWAL .....Appellant
Through: Mr. Rohit Khurana, Ms. Akshara
Santosh, Advocates.
versus
DR. MANOJ AGGARWAL .....Respondents
Through: Mr. C.M. Grover, Advocate.
CORAM:
HON'BLE MR. JUSTICE TEJAS KARIA
HON'BLE MS. JUSTICE MADHU JAIN
TEJAS KARIA, J. ( ORAL )
CM APPL. 38912/2026
1. Exemption is allowed, subject to all just exceptions.
2. The Application stands disposed of.
MAT.APP.(F.C.) 211/2026
3. The present Appeal has been filed under Section 19 of the Family
Courts Act, 1984 against the order dated 03.06.2026 (“ Impugned Order ”)
passed by the learned Judge, Family Court-01, Shahdara District,
Karkardooma Courts, Delhi (“ Family Court ”) in Guardianship Petition No.
13/2018 titled ‘ Dr. Manoj Aggarwal v. Dr. Geetanjali Aggarwal ’ (“ GP No.
Signature Not Verified
MAT.APP.(F.C.) 211/2026 Page 1 of 6
Signed By:NEELAM
SHARMA
Signing Date:22.06.2026
11:08:05

13/2018 ”), whereby the Respondent has been granted exclusive custody of
the minor girl child for a continuous period of sixteen days from 15.06.2026
to 30.06.2026 during the 2026 summer vacation.
4. The Respondent instituted GP No. 13/2018 before the learned Family
Court seeking permanent custody of minor child. The learned Family Court
vide order dated 09.04.2019 granted interim custody and expanded visitation
rights to the Respondent. The Appellant challenged the order dated
09.04.2019 by filing MAT.APP.(F.C.) No. 126/2019 before this Court. This
Court vide order dated 27.04.2019 stayed the order dated 09.04.2019, thereby
suspending interim custody and expanded visitation pending adjudication of
the aforesaid appeal.
5. The Appellant filed CONT.CAS(C) No. 1505/2024 before this Court
on 06.09.2024 for violations of multiple directions by the Respondent. The
learned Family Court vide order dated 26.12.2025 granted limited custody of
seven days for winter vacation from 05.01.2026 to 11.01.2026, subject to
specific safeguards to the Respondent.
6. The Appellant filed an Additional Affidavit dated 27.01.2026 before
this Court in CONT.CAS(C) 1505/2024 documenting violations during the
winter custody period. The Respondent filed CONT.CAS(C) No. 288/2026
against the Appellant alleging non-compliance with visitation on four
consecutive Saturdays being 17.01.2026, 24.01.2026, 31.01.2026 and
07.02.2026.
7. This Court vide order dated 10.03.2026 in CONT.CAS(C) 288/2026
directed supervised Saturday visitation before a Child Counsellor at the Delhi
Signature Not Verified
MAT.APP.(F.C.) 211/2026 Page 2 of 6
Signed By:NEELAM
SHARMA
Signing Date:22.06.2026
11:08:05

High Court Mediation Centre from 11:00AM to 02:00PM. This supervised
mechanism was affirmed and continued vide orders dated 02.04.2026 and
25.05.2026 passed in CONT.CAS(C) Nos. 1505/2024 and 288/2026.
8. This Court vide order dated 25.05.2026 in CONT.CAS(C) Nos.
1505/2024 and 288/2026 took on record the Child Counsellor’s report,
directed continuation of the supervised Saturday visitation regime, and
directed the learned Family Court to consider the summer custody application
on its own merits with urgent consideration.
9. The Respondent filed an application before the learned Family Court
seeking summer vacation custody. The learned Family Court on 01.06.2026
called minor child for an in-chamber interaction.
10. The learned Family Court vide the Impugned Order granted the
Respondent exclusive custody of minor child for sixteen continuous days
from 15.06.2026 to 30.06.2026 along with five compensatory custody days.
11. The learned Counsel for the Appellant submitted that as on the date of
the Impugned Order, this Court had on three consecutive occasions vide
orders dated 10.03.2026, 02.04.2026 and 25.05.2026 directed that the
Respondent’s access to the minor child shall operate exclusively through
supervised Saturday sessions before Child Counsellor at this Court’s
Mediation Centre. The learned Family Court granted sixteen days unrestricted
custody without any engagement with this supervised framework, which is
wholly unsustainable.
12. The learned Counsel for the Appellant submitted that the minor child,
now aged eleven years has consistently and categorically expressed her
Signature Not Verified
MAT.APP.(F.C.) 211/2026 Page 3 of 6
Signed By:NEELAM
SHARMA
Signing Date:22.06.2026
11:08:05

unwillingness towards overnight or extended visitation with the Respondent
particularly following her experience during the winter custody of January
2026.
13. The learned Counsel for the Appellant submitted that the Impugned
Order is fundamentally flawed inasmuch as it fails entirely to adjudicate the
Appellant’s specific pleaded allegations regarding violations of the order
dated 26.12.2025.
14. The learned Counsel for the Respondent submitted that the Impugned
Order directed the Appellant to hand over the minor child to the Respondent
on 15.06.2026 at 11:00 AM. The Respondent waited outside the Appellant’s
house for nearly two hours, during which time the Appellant took shelter
behind the pretext that minor child was unwilling to accompany the
Respondent.
15. The learned Counsel for the Respondent submitted that the Respondent
was entirely unaware of the contempt proceedings being pursued against him
in CONT.CAS(C) 1505/2024 until he received the advance notice of the
Additional Affidavit dated 27.01.2026 served by the Appellant.
16. The learned Counsel for the Respondent further submitted that the
Appellant has time and again resorted to the tactic of approaching this Court
immediately before the vacation periods with the sole object of delaying and
obstructing the handover of minor child to the Respondent.
17. We have heard the learned Counsel for the Parties and perused the
documents on record.
Signature Not Verified
MAT.APP.(F.C.) 211/2026 Page 4 of 6
Signed By:NEELAM
SHARMA
Signing Date:22.06.2026
11:08:05

18. The Appellant’s grievances, as advanced before this Court, rest entirely
upon the Respondent’s conduct during the winter custody period of January
2026 that prohibited persons were present at pickup on 05.01.2026 and that
the Respondent took minor child on an undisclosed interstate trip in violation
of the order dated 26.12.2025.
19. The Appellant cannot be permitted to agitate identical grievances
simultaneously through this Appeal while the contempt proceedings are sub
judice . The violations of Court directions shall be considered by the Contempt
Court and cannot be agitated in this Appeal arising out of custody order. The
Impugned Order has been passed after interaction with the minor child in-
chamber on 01.06.2026.
20. More significantly, this Court vide order dated 25.05.2026 itself
restored jurisdiction to the learned Family Court to decide the summer
custody application. The pending contempt proceedings being
CONT.CAS(C) 1505/2024 and CONT.CAS(C) 288/2026 remain the proper
forum for the Appellant’s grievances.
21. This Court is also mindful that delay in custody matters itself causes
prejudice to the child. The minor child has a right to meaningful time with
both her parents. A consistent pattern of approaching Courts on the eve of
vacation periods to stall the handover of the child, if countenanced, would be
detrimental to the child’s welfare and her relationship with both parents.
22. In view of the above, the present Appeal raises no substantial ground
warranting interference with the Impugned Order. All grievances of the
Appellant regarding the Respondent’s conduct and non-compliance with
Signature Not Verified
MAT.APP.(F.C.) 211/2026 Page 5 of 6
Signed By:NEELAM
SHARMA
Signing Date:22.06.2026
11:08:05

judicial directions shall be addressed within the framework of contempt
proceedings. The Appellant is at liberty to press all such submissions before
the Contempt Court.
23. Accordingly, the Appeal is dismissed and the pending Application
stands disposed of. No order as to costs.
TEJAS KARIA, J
(VACATION JUDGE)
MADHU JAIN, J
(VACATION JUDGE)
JUNE 15, 2026
N/ap
Signature Not Verified
MAT.APP.(F.C.) 211/2026 Page 6 of 6
Signed By:NEELAM
SHARMA
Signing Date:22.06.2026
11:08:05