Shilpa Singh vs Vikas Khanna - 2022 Supreme(Del) 1110

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Del) 1110

YASHWANT VARMA
Shilpa Singh – Appellant
Versus
Vikas Khanna – Respondent

Advocates appeared:
Ms. Preeti Singh, Mr. Sunklan Porwal, Mr. Shubam Kaushik, Ms. Saumya Dwivedi, Ms. Priyanka Madavaran and Ms. Kumkum Mandharya, Advocates, for the Appellant; Mr. Amish Aggrwala, Mr. Kuldeep Jauhari, Mr. Karan Ahuja, Mr. Anubhav Tyagi, Ms. Ekta and Mr. Sagar Mehlawat, Advocates, for the Respondent.

ORDER

1. This petition is directed against an order dated 02 April 2022 passed by the Family Judge granting visitation rights albeit supervised and in the concerned Court complex. The order is assailed with learned counsel contending that in light of the restraint which stood imposed by the Court dealing with the application made under the Protection of Women from Domestic Violence Act, 2005 ['PWDV'] and more particularly the order of 06 August 2021 made therein, the rights of limited visitation as granted by the Family Judge would not only be incongruous and incompatible but also wholly arbitrary and illegal.

2. Having heard learned counsel for parties this Court finds no ground to sustain the challenge on grounds addressed on the aforesaid lines for the following reasons.

3. The Court notes that the order passed under the PWDV was based upon the allegations which were made by the petitioner here against the husband. There was no allegation of cruelty or physical abuse levelled against the husband in relation to the children.

4. Bearing in mind the allegations that were laid by the petitioner the Court notes that the respondent here stood restrained from communicating with the childr

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