Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 4930

IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Sunil – Appellant
Versus
Pinki Rani – Respondent
MAT.APP.(F.C.) 129 of 2023 & CM APPL. 23588 of 2023
Decided On : 04-07-2023

Advocates appeared:
Mr. Abhishek Sharma, Advocate, for the Appellant along with appellant in person.
Mr. Krishan Kumar & Ms. Aakriti Saxena, Advocates, for the Respondent along with respondent in person.

The court has the discretion to condone delay in filing an appeal and can make specific visitation arrangements for the custody of a minor child. Violation of court directions may lead to contempt of court, and any modification of the arrangements should be filed before the Family Court.

Headnote:
Condonation of delay - Family Court Appeal - The court allowed the condonation of delay in filing the appeal and granted custody of the minor child to the petitioner with specific visitation arrangements.
Fact of the Case:

The appellant sought to set aside the judgment dismissing the guardianship petition and requested custody of the minor child. After arguments and interaction, specific visitation arrangements were agreed upon by the parties.
Finding of the Court:

The court allowed the condonation of delay and granted custody of the minor child to the petitioner with specific visitation arrangements. It also warned of contempt of court for violation of the directions and required any modification to be filed before the Family Court.
Issues: Condonation of delay, custody of minor child, visitation arrangements, contempt of court, modification of directions
Ratio Decidendi: The court has the discretion to condone delay in filing an appeal and can make specific visitation arrangements for the custody of a minor child. Violation of court directions may lead to contempt of court, and any modification of the arrangements should be filed before the Family Court.
Final Decision: The court allowed the condonation of delay, granted custody of the minor child to the petitioner, and provided specific visitation arrangements. The appeal and pending application were disposed of.

JUDGMENT (oral)

CM APPL. 23589/2023 (Condonation of delay)

1. Vide the present application, the applicant/appellant is seeking condonation of 69 days' delay in filing the present appeal.

2. For the reasons and grounds stated in the present application, the application is allowed, and delay of 69 days in filing the present appeal is condoned.

3. Accordingly, the application is disposed of.

MAT.APP.(F.C.) 129/2023

4. Vide the present appeal, the appellant is seeking following reliefs:

"a.) Accept the present petition of the petitioner;

b.) Set aside the impugned judgment dated 25.01.2023, passed by the Ld. Court of Sh. Naresh Kumar Malhotra, Judge, Family Court, East District, Karkardooma Courts, Delhi, in GP No.100 of 2018, titled as "Sunil Vs. Pinki Rani", wherein the Ld. Trial Court was pleased to dismiss the guardianship petition of the petitioner;

c.) Grant the custody of minor child namely Harshit @ Abhi to petitioner, in the interest of justice."

5. After some arguments and interaction with the parties, their son, namely, Master Abhiman Kumar, who is studying in Class IIIrd in St. Andrews Scots Senior Secondary School, I.P. Extension, Patparganj, New Delhi, it is agreed by the parties that the appellant shall meet the child on first and third Saturday of every month from 11:00A.M. to 02:00 P.M. at V3S Mall, Preet Vihar, New Delhi.

6. It is further agreed that the respondent/mother shall drop the child at the said Mall at 11:00 A.M. and again pick up the child at 02:00 P.M. from the said Mall on the same day. 6. It is made clear that if either of the parties violates the above directions passed by this Court, the same shall amount to contempt of court.

7. It is further made clear that if any modification on account of subsequent acts is sought, the necessary application for the said modification shall be filed before the concerned Family Court.

8. Accordingly, in view of above, the present appeal along with pending application is disposed of.

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