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IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, HARISH VAIDYANATHAN SHANKAR
Priyanka – Appellant
Versus
Yudhvir Chhikara – Respondent
| Table of Content |
|---|
| 1. visitation rights of parents (Para 3 , 4 , 5 , 6) |
| 2. balance of visitation and child welfare (Para 10 , 14 , 18 , 19) |
| 3. children's unwillingness to meet parent (Para 11 , 12 , 13) |
| 4. need for gradual reintegration with parent (Para 26 , 29 , 30) |
| 5. appeal dismissed, order upheld (Para 34) |
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
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-separati....
The welfare of the minor is paramount in determining visitation rights, and modifications must be evidence-based to ensure the child's safety and emotional stability.
The welfare of the child is paramount in custody and visitation matters, and both parents have a right to access the child.
Minor child does not have coping skills or intellectual ability to understand issues between adult relationship or parents unhappiness.
A natural parent has a right to visitation with their child unless serious allegations against them are substantiated, prioritizing the child's welfare and emotional bonding.
Custody of child – Court is required to decide issue of visitation on the basis of what is in best interest of child.
The welfare of the child and the potential for developing a cordial relationship in the future are paramount in granting visitation rights to a parent.
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