Full Judgment Text
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 03.04.2025
+ MAT.APP.(F.C.) 202/2024
NEELAM .....Appellant
Through: Mr.Amit Kumar, Ms.Aaina
Verma and Mr.Tushar Gund,
Advs. alongwith appellant and
minor girl child in person
versus
NARESH KUMAR .....Respondent
Through: Mr.Amit Sisodia, Ms.Vijay
Nandini Sidodia and
Mr.Shubham Tiwari, Advs.
alongwith respondent, minor
boy child and his grandfather
in person
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
HON'BLE MS. JUSTICE RENU BHATNAGAR
NAVIN CHAWLA, J. (ORAL)
1. This appeal has been filed by the appellant, challenging the
Order dated 17.11.2023 passed by the learned Family Court, Central
District, Tis Hazari Courts, New Delhi (hereinafter referred to as
‘Family Court’) in G.P. No. 31/2022, titled Naresh Kumar Aneja v.
Neelam , directing that the interim custody of the minor girl child be
given to the father, who is the respondent herein, and that the
nd th
appellant herein may go and visit the girl child on the 2 and 4
Saturday of every month. The respondent was also directed to pay the
travelling charges of Rs.1,500/- to the appellant for her every visit to
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By:RENUKA NEGI
Signing Date:05.04.2025
19:33:58
meet the child/children.
2. The parties have been blessed with two children; a girl child
born on 07.11.2013 and a boy child born on 02.02.2015. They have
been living separately from each other since June 2021. Post the
separation, the girl child has been in the custody of the appellant,
while the boy child has been in the custody of the respondent.
3. The learned Family Court, in the Impugned Order, records that
it has interacted with the girl child, who stated that she wanted to go
and reside with the respondent; she further stated that she had spoken
to the respondent clandestinely over the phone on one occasion. The
learned Family Court held that the welfare of the child being of
paramount importance, therefore, it would be advisable that the
custody of the girl child be given to the respondent.
4. Today, we have interacted with the girl child as well as with the
parties. The girl child is around 11 years of age and is quite mature
and understanding and is capable to make an intelligent decision.
During the interaction, the girl child firmly stated that she is willing to
reside with her mother/appellant and that she told the learned Family
Court about going with the respondent as the respondent had, in turn,
told her that the appellant would also be accompanying the girl child
and that the family would get reunited at Jammu. She further stated
that she is presently studying in a school in Delhi and has just passed
third standard. She stated that she, along with her mother/appellant, is
staying with her maternal grandmother.
5. During the interaction with the parents of the child/parties, the
appellant informed us that the child is doing very well in her class and
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Digitally Signed
By:RENUKA NEGI
Signing Date:05.04.2025
19:33:58
secured good marks. The respondent has informed us that he has a
one-room accommodation where he along with his father, brother, and
the minor boy child, is residing.
6. Admittedly, since the day of separation, the girl child is staying
with the appellant/mother whereas the boy child is staying with the
respondent. Though a child requires love and affection of both the
parents for emotional, physical and social development, and biological
father has a right to meet a child, a mother is better placed than a
father to look after all the needs, biological, etc., of a girl child.
7. Keeping in view all the above circumstances, we are of the
opinion that the Impugned Order, which was primarily based on the
willingness of the minor girl child, can no longer be sustained.
8. With the consent of the parties, however, we direct that the
appellant shall allow visitation rights to the respondent, the minor boy
child, and also the grandfather of the minor girl child, on every second
and fourth Sunday of every month between 10 A.M. to 6 P.M at
Delhi. The respondent may pick up the girl child from the house of her
maternal grandmother at 10 A.M. and drop the child at the same place
by 6 P.M. on the same day. The respondent shall not take the girl child
out of Delhi during such visitation.
9. For further visitation rights or for the modification of the above
arrangement, if so warranted, the parties may move a fresh application
before the learned Family Court, and the learned Family Court shall
decide on the same remaining uninfluenced by any observation made
by us hereinabove and being not bound down by the interim
arrangement that has been arrived at before us by the consent of the
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Digitally Signed
By:RENUKA NEGI
Signing Date:05.04.2025
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parties.
10. The appeal is disposed of in the above terms.
11. Dasti
NAVIN CHAWLA, J
RENU BHATNAGAR, J
APRIL 3, 2025/sg/DG
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MAT.APP.(F.C.) 202/2024 Page 4 of 4
Digitally Signed
By:RENUKA NEGI
Signing Date:05.04.2025
19:33:58