Shunali Gupta vs Kanal Gupta

$~99
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 06.05.2026
+ CONT.CAS(C) 791/2026
SHUNALI GUPTA .....Petitioner
Through: Ms. Malvica Satija, Mr. Praveen
Chauhan and Mr. Sarthak Sawhney,
Advs.
versus

KANAL GUPTA .....Respondent
Through: Mr. Rajesh Banati, Mr. Ashish Sareen
and Mr. ADil Asghar, Advs.

CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA

SACHIN DATTA, J. (ORAL)

1. In the present petition the petitioner alleges wilful disobedience/non-
compliance by the respondent of the order dated 19.03.2026, passed by the
Family Court, South East District, Saket Courts, Delhi in GP No.25/2025.
2. The petitioner and the respondent are estranged spouses and parents
of a minor child born out of their wedlock in the year 2020.
3. The petitioner submits that she intended to travel with the minor child
to the USA and Canada during summer vacations and that the child already
possessed a valid USA Visa endorsed on her passport. However, it is
alleged that since the respondent withheld the passport of the minor child,
the petitioner was compelled to move an application before the concerned
Family Court.
Signature Not Verified
CONT.CAS(C) 791/2026 Page 1 of 4

Digitally Signed
By:CHINU LUTHRA
Signing Date:08.05.2026
15:57:15

4. By way of order dated 19.03.2026, the Family Court directed the
respondent to apply for renewal of the passport of the minor child before
23.03.2026 (passport was expiring on 25.03.2026), and that the petitioner
shall cooperate with the respondent in the said process and provide her
signatures wherever required. Pursuant thereto, the respondent was required
to deposit the renewed passport before the Family Court. The respondent’s
undertaking to renew the passport was also separately recorded by the
Family Court.
5. The Court further directed that any party desirous of taking the child
abroad would be required to take permission of the concerned Court.
6. The petitioner alleges that although the respondent booked an
appointment for renewal of the passport, upon receiving the passport, she
discovered that the USA Visa page had been deliberately defaced with ink
markings, rendering the visa unusable for international travel. A photograph
of the defaced passport has been annexed as Annexure-B in the present
petition.
7. During the course of proceedings on 05.05.2026, this Court had the
occasion to peruse the aforesaid passport containing the defaced visa page.
Prima facie , there is substance in the allegations of the petitioner that the
visa page was deliberately defaced. The same amounts to circumventing the
directions contained in the order dated 19.03.2026, the purport of which was
to obtain renewal of the passport so that the petitioner could undertake travel
with the child as and when permission is granted by the Court. Evidently,
the respondent acted with a view to scuttle the same.
8. During the course of hearing, the respondent who appears personally,
Signature Not Verified
CONT.CAS(C) 791/2026 Page 2 of 4

Digitally Signed
By:CHINU LUTHRA
Signing Date:08.05.2026
15:57:15

tenders an unconditional apology for his conduct. He also assures that
appropriate steps shall be taken by him to purge his conduct.
9. In the circumstances, the following directions are issued:
(i) During the course of hearing, the respondent has handed over the
renewed as also the previous passports of the minor child to the
counsel of the petitioner. It is agreed that the petitioner shall apply for
a fresh visa from the USA Embassy bearing the changed name of the
concerned child;
(ii) The parties shall cooperate with each other for the same and the
entire exercise will be done through the agent appointed by the
petitioner;
(iii) After the USA Visa is obtained, the requisite passports shall be
handed over by the petitioner to the respondent whereupon the same
shall be deposited before the concerned Family Court;
(iv) The entire expenses for the aforesaid exercise (for obtaining US
Visa, the consultancy fees of the concerned agent and the official
charges payable to the US Embassy) shall be borne exclusively by the
respondent and shall be paid without any delay.
10. It shall be ensured that the USA Visa is obtained expeditiously so that
the purport for obtaining the same viz . to enable the petitioner to undertake
foreign travel with the child is not frustrated. However, it shall be for the
concerned Family Court to consider whether such permission be granted to
the petitioner. The same shall necessarily be considered by the Family Court
on its own merits without being influenced by the directions passed in the
present proceedings.
Signature Not Verified
CONT.CAS(C) 791/2026 Page 3 of 4

Digitally Signed
By:CHINU LUTHRA
Signing Date:08.05.2026
15:57:15

11. In the circumstances, the present petition is disposed of accepting the
unconditional apology tendered by the respondent and also taking on record
the undertaking of the respondent, to adhere to the aforesaid understanding /
arrangement.


MAY 6, 2026/ cl SACHIN DATTA, J
Signature Not Verified
CONT.CAS(C) 791/2026 Page 4 of 4

Digitally Signed
By:CHINU LUTHRA
Signing Date:08.05.2026
15:57:15