Visitation rights must prioritize the welfare of minor children, even if it contradicts their expressed wishes, recognizing the importance of maintaining relationships with both parents post-separation.

JUDGMENT :

HARISH VAIDYANATHAN SHANKAR, J.

CM APPL. 48466/2025 & CM APPL. 48467/2025 (Exemption)

1. Allowed, subject to all just exceptions.

2. The applications stand disposed of.

MAT.APP.(F.C.) 284/2025 & CM APPL. 48465/2025

3. The present appeal is filed under Section 19 of the FAMILY COURTS ACT , 1984 seeking to set aside the interim Order dated 16.07.2025 passed by the learned Principal Judge, Family Court, East District, Karkardooma Courts, Delhi in GP No. 38/2019 titled as "Yudhvir Chikara vs. Priyanka".

BRIEF FACTS:

4. The short point in the present appeal is confined to the fixation of visitation rights granted to the Respondent in respect of the minor children of the parties herein.

5. The impugned Order dated 16.07.2025 is brief in its terms and it would be convenient to reproduce the same in its entirety as follows:-

“Ld. Counsel for respondent submits that in compliance of order dated 10.12.2024 this Court can fix any date for visitation after 04.08.2025.

In these circumstances, I fix date for visitation i.e. every 2^nd Saturday and 4th Saturday from August-2025 onwards at 02.00 p.m. to 04.00 p.m., till the disposal of the present petition or any further order, in the Children Room of the Family Court, Karkardooma Complex, Delhi for the purpose of meeting of petitioner with children. Let respondent to bring the children.

Petitioner will be at liberty to given any gifts to the children. It is submitted by parties that issues have already been framed in this case.

Now to come up for PE on 14.08.2025. List of witnesses be filed by both the parties within 7 days. Evidence affidavit be filed within 15 days with advance copy to opposite counsel.”

6. The principal issue that is canvassed by the Appellant/mother appears to be the direction for physical visitation permitted to the Respondent/father by the learned Family Court. It is contended by the learned Counsel for the Appellant/mother that the elder minor daughter, aged about 15 years, has consistently expressed her unwillingness to meet the father and in light of the same, such a direction is unsustainable.

7. By the interim Order dated 10.12.2024, the learned Family Court, after identifying various facets in the relationship between the parties, in its ultimate analysis directed as follows:-

“31. In the ultimate analysis, the interim right of the non-custodialparent/father, to meet the children is recognized and further it is the need of the hour that the children are given psychological help to assist them in developing a holistic contact with the non-custodial parent/father.

32. An affirmative assistance by the custodial parent/mother, at this juncture, is indispensable.

33. Therefore, it is directed as under:-

i. Till the new measures are in place, the electronic communication between the child and the noncustodial parent/father shall continue in the similar fashion on second and fourth Sunday of every month. The parties shall ensure utmost harmony in the manifestation of the same. The timing of the communication can be mutually fixed by the parties amongst themselves;

ii. The custodial parent/mother who herself is a doctor, shall suggest the name of some Psychologists, in the vicinity of the place of her abode, for guidance of the children and removing the negative impression whatsoever they have, about the non-custodial parent/father;

iii. The non-custodial parent/father, can also suggest on the point no.(ii) above;

iv. The custodial parent/mother shall formulate a plan as to how it will be conducive to arrange a physical meetings (weekly fortnightly/monthly meetings; physical custody during vacations or on special days; overnight stays etc.) of the children with the noncustodial par