Visitation rights must prioritize children's well-being, with court orders emphasizing compliance for maintaining educational and welfare standards during custody exchanges.

JUDGMENT

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 dated 18th December 2020 and 24th 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.

4. The impugned order dated 18th 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 father sought an equal division of time with the child for both the parents, during the period of the vacation. It is recorded in the said order dated 18th December 2020, that the Petitioner/Defendant (hereinafter, "mother"), with whom the child normally lives, was proposing to take the child out of town from 4th January 2021 to 10th January 2021. The Family Court, accordingly, directed that the father would be entitled to take the child from the house of the mother on 30th December 2020 at 3:00 pm, and spend time with him until 3rd January 2021. On the said date, i.e., 3rd 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 second impugned order dated 24th 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 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