MAT.APP.(F.C.) 7/2024 Page 1 of 4

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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MAT.APP.(F.C.) 7/2024

SHANTALA PALAT

..... Appellant

Through:

Mr Puneet Yadav with Mr Sourabh

Gupta, Ms Ananya Gupta and Mr

Akshansh Gupta, Advocates along

with appellant in person.

versus

JAYAKUMAR MENON

..... Respondent

Through:

Ms Shreya Singhal, Advocate.

CORAM:

HON'BLE MR JUSTICE RAJIV SHAKDHER

HON'BLE MR JUSTICE AMIT BANSAL

[Physical Hearing/Hybrid Hearing (as per request)]

RAJIV SHAKDHER, J.: (ORAL)

CM APPL. 921/2024

1. Allowed, subject to just exceptions.

MAT.APP.(F.C.) 7/2024 and CM APPL. 920/2024 [Application filed on

behalf of the appellant seeking interim relief]

2. Issue notice.

2.1

Ms Shreya Singhal, learned counsel, accepts notice on behalf of the

respondent.

3. Counsel for the parties say that the appeal can be disposed of at this

stage itself.

3.1 Accordingly, the appeal is taken up for hearing and final disposal.

4. This appeal is directed against the order dated 22.12.2023 passed by

Digitally Signed By:ATUL

JAIN

Signing Date:10.01.2024

13:33:58

Signature Not Verified

MAT.APP.(F.C.) 7/2024 Page 2 of 4

the learned Judge, Family Court-02, South-East, Saket, New Delhi.

4.1

The operative directions which have been issued by the learned Judge

are set forth hereafter:

5. The point of inflection between the parties veers around the direction

contained in paragraph 9(i) of the impugned order i.e., the leeway given for

having the child stay with the respondent/father once a month albeit over a

weekend. Significantly, it has been underscored by the learned Judge that

this direction would operate without placing the child in discomfiture.

Digitally Signed By:ATUL

JAIN

Signing Date:10.01.2024

13:33:58

Signature Not Verified

MAT.APP.(F.C.) 7/2024 Page 3 of 4

6. Ms Singhal, on instructions, says that if the child conveys his intent to

stay the night over a weekend, only then the direction contained in the order

would remain operable. Ms Singhal submits that in case the child expresses

reluctance to stay overnight, the court may to overcome such eventuality put

in place alternate measures.

6.1

Counsel for the appellant agrees to the suggestion made by Ms

Singhal.

7. Accordingly, paragraph 9(i) of the impugned order is modified to the

following extent:

7.1 The direction contained in paragraph 9(i) of the impugned order

requiring the child to stay overnight with respondent/father would continue

only if the child expresses his willingness. In the event the child expresses

his unwillingness, the following alternate arrangements will operate:

(a) The child will be picked up by the respondent/ father at 03.00 P.M. on

Friday from the house of the appellant and returned at 08.00 P.M. on the

same day.

(b) The child will be picked up again by the respondent/ the father at 11.00

A.M. on Sunday and returned to the appellant’s house at 06.00 P.M. on the

same day.

(c)

The other directions contained in the order dated 22.12.2023 will

continue to operate.

8. Needless to add, parties will coordinate between themselves as to the

weekend qua which the impugned order as modified via the directions

contained hereinabove should operate.

Digitally Signed By:ATUL

JAIN

Signing Date:10.01.2024

13:33:58

Signature Not Verified

MAT.APP.(F.C.) 7/2024 Page 4 of 4

9. The appeal is disposed of, in the aforesaid terms.

10. In view of the order passed above, the pending interlocutory

application is closed.

RAJIV SHAKDHER, J

AMIT BANSAL, J

JANUARY 8, 2024 / tr

Digitally Signed By:ATUL

JAIN

Signing Date:10.01.2024

13:33:58

Signature Not Verified