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2013 Supreme(Online)(DEL) 6232

HIGH COURT OF DELHI
ARVIND KUMAR – Appellant
Versus
NEHA MALIK – Respondent


O R D E R

% 19.12.2013 This is an appeal against the order of the Family Court dated

21.09.2013. The respondent had sought - through an application under Section 26 of the Hindu Marriage Act - modification of the visitation rights in respect of minor child; the rights had been worked out through a settlement which was a precursor to a mutual consent decree of divorce issued by the competent court on 4.8.2011. The visitation rights were in respect of the minor son Tejas who has born on 30.08.2006. After considering the contentions of the parties during the course of which the Trial Court noticed that the respondent was not averse to visitation rights to Tejas’ father, i.e., the present appellant but expressed reservations on account of the fact that she had relocated with the child at U.K., the Court permitted the mother to take the child to the U.K. subject to the condition that she would visit once in a year during the child’s annual vacation and would also provide custody to the child’s father for half of the period of the stay in India.

On the first date of hearing, after hearing counsel for the parties, this Court was of the opinion that so far as the merits of the appeal are con

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