The main legal point established in the judgment is the paramount consideration of the welfare and interest of the minor in matters concerning custody, as well as the importance of parental interaction and the settled legal principles governing custody of minor children.

CM Nos. 21248 & 21253/2014

Allowed, subject to just exceptions.

The applications are disposed of.

CM No. 21252/2014

1. Notice.

2. Mr. Pradeep Norula, Advocate accepts notice for the appellant. Copy of the application is received by learned Counsel for the appellant.

3. The instant application has been filed by Mr. Jorg Armin Schendel seeking a clarification of the order dated 1st November, 2014 whereby the Family Court has passed directions with regard to the interim custody of the child of the parties, namely Nandita during the winter vacations. The applicant makes a prayer for taking the child to Kerala for the period during which the child is in his custody on terms similar to those on which he was permitted to take the child to Goa by the order dated 24 May, 2014.

4. It appears that the filing of this application in these proceedings has been necessitated inasmuch as Ms. Rekha Rani, the learned Family Judge concerned was on medical leave. Several orders have been placed before lis passed by the learned Family Judge which show extensive interaction not only with the parties but the child of the parties and an insight into the relations of the parties and welfare of the child. Given the fact that the winter vacations of the child are to commence shortly as well as the fact that the Courts are going to close for the winter vacations, it is imperative that the issues raised are considered at the earliest.

5. We have made inquiries and are informed that the learned Family Judge is in Court today. It is the last day before the winter recess of the Courts and it is not possible to interact with the parties or to take considered view today. This application is really in the nature of working of the order dated 1st November, 2014.

6. We therefore, direct as follows:

(i) The parties shall appear at 3:30 p.m. today before the learned Family Judge. The same be treated as an application to the Family Court. The respondent No. 2 applicant is permitted to place a photocopy of CM No. 21252/2014 before the learned Family Judge today itself.

(ii) It is agreed by the appellant that the child shall also be produced today at 3:30 p.m. before the Family Judge.

(iii) Inasmuch as both parties are present and having regard to the urgency expressed by both sides, we request the Family Judge to treat the prayer for directions sought by the father, of the child for taking her outside the boundaries of NCR of Delhi during the ensuing winter vacations and to pass appropriate’ order for the working of the order dated 1 November, 2014 keeping the best interests of the child.

(iv) This procedure has been necessitated in the peculiar circumstances of the case, keeping the best interest of the Child and shall not be cited as a precedent.

The application is disposed of in these terms. Liberty is given to the respondent to move afresh, if necessary.

CM No. 21247/2014

7. Issue notice to the respondent. Mr. Attin Shankar Rastogi, Advocate accepts notice on behalf of respondent No. 2.

8. It may be noted that this application has been filed on the very last day of the Court sittings before the winter vacations. Given the insistence and urgency expressed by learned Counsel for the appellant, parties have been heard on this application which is really in the nature of reiteration of the prayer made by way of CM No. 19937/2014 whereby the appellant had sought stay of the order dated 1st November, 2014 passed by the Family Judge.

9. The order dated 1st November, 2014 has been passed by the learned Family Judge after extensively interacting with the parties and their daughter, Nandita. This order is preceded by several prior orders passed by the Family Judge some of which have been placed by the respondent father before us. Given the urgency expressed by the parties and for reasons of expediency, we extract hereunder the relevant portions of some of the orders passed:

(i) The order dated 3rd March, 2014 placed (at page 196) on record is reproduced hereunder --

‘Petitioner has f