Full Judgment Text
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:13.09.2021
12:18:57
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
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Date of Decision: 1 September, 2021
+ CM(M) 666/2020 & CM APPLs. 35055/2020, 29023/2021,
29024/2021, 29025/2021
KANIKA GUPTA MITTAL ..... Petitioner
Through: Mr. Praveen Chauhan, Advocate
versus
ASHWIN MITTAL ..... Respondent
Through: Mr. Sanjeev Sahay, Advocate
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through video conferencing.
CM APPL. 29025/2021 (for exemption)
2. Exemption allowed, subject to all just exceptions. Application is
disposed of.
CM(M) 666/2020 & CM APPLs. 35055/2020 (for stay), 29023/2021 (for
modification), 29024/2021 (for directions)
3. The Petitioner has filed the present petition challenging the orders
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dated 18 December 2020 and 24 December 2020, passed by the ld.
Principal Judge, Family Courts, Saket, ( hereinafter, “Family Court” ) in
H.M.A. No. 507/2020 titled Ashwin Mittal vs. Kanika Gupta Mittal .
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4. The impugned order dated 18 December 2020 was passed by the ld.
Family Court, on an application for visitation moved by the
Respondent/Plaintiff ( hereinafter, “father” ) for visiting the six-year-old
child of the parties, during the winter vacation of the child’s school. The
CM(M) 666/2020 Page 1 of 8
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:13.09.2021
12:18:57
father sought an equal division of time with the child for both the parents,
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during the period of the vacation. It is recorded in the said order dated 18
December 2020, that the Petitioner/Defendant ( hereinafter, “mother”) , with
whom the child normally lives, was proposing to take the child out of town
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from 4 January 2021 to 10 January 2021. The Family Court, accordingly,
directed that the father would be entitled to take the child from the house of
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the mother on 30 December 2020 at 3:00 pm, and spend time with him
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until 3 January 2021. On the said date, i.e., 3 January 2021, the father was
directed to drop the child back to the mother’s house at around 3:00 pm.
5. The mother, thereafter, filed an application for modification of the
said order contending that the child was not inclined to spend time with the
father. In the alternative, she sought a direction from the Family Court, to
the effect the mother be also permitted to accompany the child to the father’s
house. The said application was rejected by the Family Court, vide the
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second impugned order dated 24 December 2020. Hence the present
petition has been filed by the mother.
6. When this petition was first listed before the Court, the Court met the
parties, and heard ld. Counsels representing them at length. After hearing the
parties, notice was issued in this petition. With the consent of the parties, the
interim arrangement was modified in the following terms:
“5. After hearing the parties at length, the
impugned orders dated 18.12.2020 and 24.12.2020 are
modified with the consent of the parties on both sides
to the following effect: -
a. The respondent/father will pick up the
child from the petitioner/moher’s residence at 3:00
pm today [30.12.2020] and drop him back at the
CM(M) 666/2020 Page 2 of 8
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:13.09.2021
12:18:57
petitioner/mother’s residence by 9:00 pm. During
this time, the respondent/father will also take the
child for his scheduled tennis class from 3:30 pm to
5:30 pm at the Siri Fort Sports Complex.
b. The respondent/father will pick up the child
from the residence of the petitioner/mother
tomorrow morning [31.12.2020] at 10:00 am. The
child will spend two nights with the
respondent/father at his residence, being the nights
of 31.12.2020 and 01.01.2021. During this time,
the respondent/father will take the child to a party
which is scheduled tomorrow [31.12.2020] from
11:00 am to 2:00 pm. The petitioner/mother will
communicate the details regarding the said party,
including the contact details of the host parents, to
the respondent/father in the course of the day.
c. On 01.01.2021, the petitioner and the
respondent will arrange a meeting during which
the petitioner/mother will be able interact with the
child for approximately one hour at a mutually
convenient place.
d. The respondent/father will drop the
child back to the petitioner/mother’s residence by
7:00 pm on 02.01.2021.”
7. The parties were also referred to the Delhi High Court Mediation and
Conciliation Centre for amicable resolution of their disputes, however the
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mediation was unsuccessful. Thereafter, vide order dated 1 February, 2021
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parties were directed to be present, and on 5 February, 2021 the Court had
met the parties, as also the child. Post meeting the parties, some further
modification to the interim arrangement was directed by this Court vide
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order dated 5 February 2021.
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8. On 17 February, 2021, after hearing the parties, a detailed interim
CM(M) 666/2020 Page 3 of 8
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:13.09.2021
12:18:57
arrangement for visitation was directed by this Court in the following
manner:
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“2. Further to the last order dated 5 February,
2021, the child has spent two long weekends with the
father. This Court has met the father, the mother and
the child. Though the child has expressed certain small
issues, broadly, his stay with the father has been
comfortable. Parties have also agreed for further
interim arrangement for visitation in the following
manner:
i. On the first weekend of every month,
the father would pick up the child on Friday at
5:00 p.m. from the residence of the mother in
Lajpat Nagar and drop him back on Sunday at his
tennis class at Siri Fort. On Saturday, instead of
travelling from Shalimar Bagh to Siri Fort, the
father would take the son to play in the Tennis
Court in DDA Sports Complex, Pitampura, of
which he is a member.
ii On the third weekend of every month,
the child would be picked up on Monday in the
morning at 10:30 a.m. and dropped back at his
tennis class at Siri Fort on Tuesday at 3:00 p.m.
iii. During all the days when the child is
with the father, the father shall also make sure
that the child attends any online classes which he
may have, including any other activities which the
child is already involved in. He shall also try and
get the child’s homework completed, to the extent
possible.
iv. Insofar as payment of expenses of
Rs.20,000/- is concerned, since this Court is of the
opinion that coordination of the joint account is
proving to be quite stressful for both parties, the
payment shall be made by the father to the mother
CM(M) 666/2020 Page 4 of 8
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:13.09.2021
12:18:57
on or before the 10th of every month. The mother
shall broadly maintain the expense statement and
shall produce the same if asked for by the Court.
v. The father states that he has purchased
a laptop for the son and that that the son can
retain the same with him, irrespective of whether
he is staying with his father or mother, in order to
ensure that the laptop would be available for the
child for online classes, for homework and to do
calls with the father.”
9. The said interim arrangement has been continuing between the father,
mother and the child since then.
10. Today, apart from the main matter, there are two further applications,
being CM APPL. 29023/2021 and CM APPL. 29024/2021, which have been
filed by the mother seeking modification of the earlier order.
11. The allegations in CM APPL. 29023/2021, are that first, the child is
not being properly made to attend online classes. Secondly, the child’s
homework is not being properly supervised and the child is not being given
nutritious food etc. Thirdly, the child is being permitted to play video games
till very early hours in the morning and this, according to the ld. Counsel for
the mother, could be counterproductive to the child’s education.
12. Insofar as CM APPL. 29024/2021 is concerned, the same has been
filed seeking the father’s consent for renewal of the passport of the child.
13. Mr. Praveen Chauhan, ld. Counsel for the mother, submits that the
averments in CM APPL. 29023/2021 show that the mother is very
concerned about the education and progress of the child, as also the
unhealthy manner in which the child is being permitted to live in the father’s
house. Thus, she prays that instead of two weekends every month, the child
CM(M) 666/2020 Page 5 of 8
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:13.09.2021
12:18:57
be permitted to visit to his father and his family only on one weekend every
month.
14. He further submits that the passport of the child has expired and that
the Petitioner needs the father’s consent for renewing the same. He submits
that there is an order passed by the Family Court that the child would not be
taken outside India and the Petitioner would abide by the same.
15. Mr. Sahay, ld. Counsel for the father submits that the application
which has been filed by the mother, making various allegations is devoid of
any merit. In fact the father also has issues against the mother, as she is not
complying with the order passed by this Court in letter and spirit and she
continuously calls the child while he is with the father. However, he submits
that in the present matter, the interim arrangement already made is working
well for the father and the mother, and above all, for the child. He submits
that the father enjoys an excellent relationship with the child and he ought
not to be deprived of the child’s company.
16. Insofar as the passport of the child is concerned, Mr. Sahay submits
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that vide order dated 4 November 2020, the Family Court has directed that
the child would not be taken abroad till the next date of hearing.
17. Heard ld. Counsels for the parties and perused record.
18. Insofar as CM APPL. 29023/2021 is concerned, this Court has met
and heard both the parties on various occasions, both in-person, as also
through the online mode. There may be slight hiccups in the implementation
of the interim arrangement by the parties, in terms of the directions issued
by this Court, viz., timings etc., however, broadly this Court is of the
opinion that the child is comfortable with the father and his family.
However, the father is directed to ensure that the child’s school work and
CM(M) 666/2020 Page 6 of 8
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:13.09.2021
12:18:57
the schedule of the child’s online classes is not disturbed in any manner.
19. Further, the sleep schedule of the child also ought not to be negatively
affected in any manner by allowing the child to remain awake late. The
father ought to also be concerned about the wellbeing of the child. Further,
both parties shall also maintain a healthy atmosphere between themselves,
so that the child is not unnecessarily disturbed during the visitation. Both
parties shall also ensure that the child is picked up and dropped back strictly
as per the interim arrangement already passed by this Court vide order dated
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17 February 2021.
20. Accordingly, subject to compliance of the above directions, the
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interim arrangement already passed on 17 February, 2021 shall continue. If
the parties needs any modification thereof, they may approach the Family
Court.
21. Insofar as CM APPL. 29024/2021 is concerned, considering that there
is already an injunction from travelling abroad, and the mother agrees to
abide by the said injunction, the passport of the child may be permitted to be
renewed. Accordingly, in respect of the said application, the consent would
be given by the father for the renewal of the passport within 5 working days
of him receiving such a request and documents from the mother.
22. Post this, the passport authorities shall accordingly proceed further
and renew the child’s passport. Once the renewed passport is issued, the
father shall also be intimated of the same by the mother, and shall be
supplied with a copy of the renewed passport.
23. Both parties shall abide by the orders that have been passed by the
Family Court in respect of not taking the child abroad without permission of
the said Court.
CM(M) 666/2020 Page 7 of 8
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:13.09.2021
12:18:57
24. Once the passport is renewed, if there is any apprehension in the
mind of the father, appropriate directions may be sought from the Family
Court. The Family Court, to now proceed in the matter in accordance with
law.
25. The present petition and all applications are disposed of in the above
terms.
PRATHIBA M. SINGH
JUDGE
SEPTEMBER 1, 2021/ mw/Ak/Ms
CM(M) 666/2020 Page 8 of 8