$-22 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on : 12.01.2023 + MAT.APP.(F.C.) 200/2022 & CM APPL. 54168-54171/2022 HARKESH KUMAR DANG ..... Appellant versus TAMANNA DANG ..... Respondent Advocates who appeared in this case:

For the Appellants: Mr. Sunil Dalal, Senior Advocate with Mr.Sujeet Beniwal, Mr.Nitish Pande, Ms.Manisa Saroha and Ms.Pratibha Varun, Advocates For the Respondents: Mr. Sunil Mittal, Senior Advocate with Mr. Dhruv Grover, Mr. Gandharv Kharbanda, Mr. Sanjiv Saluja and Ms. Shreya Maggu, Advocates with respondent in person.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA HON'BLE MR. JUSTICE VIKAS MAHAJAN

JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. Appellant/father (Harkesh Kumar Dang) impugns order dated 12.12.2022 of the Family Court whereby the Family Court has held that the ordinary place of residence of the child ‘Vivaan Dang’ being Munich, Germany, the Courts at Delhi would have no territorial jurisdiction and accordingly dismissed the Guardianship Petition filed Signature Not Verified Digitally Signed MAT.APP.(F.C.) 200/2022 1 by the Appellant/Petitioner (father of the child), under section 7 read with sections 8, 12 and 25 of the Guardian & Wards Act, 1890, on the ground of lack of territorial jurisdiction. The passport of the child was directed to be released to the Respondent/mother (Tamanna Dang), which has already been released to her.

2. After some discussions, parties, who are also present in court in person, have agreed to end all their disputes, vis-à-vis, their inter-se marital relationship; custody of the child; visitation rights of the appellant vis-à-vis, the child and the financial support for upbringing of the child to be provided by the appellant to the respondent.

3. The settlement terms duly signed by the parties as well as their counsels have been handed over in Court. The same are taken on record.

4. The settlement terms agreed to between the parties are extracted herein for the purposes of completion and are as under:-

1. It is agreed between Harkesh Kumar Dang and Tamanna Dang that Tamanna Dang being the mother of Vivaan Dang will be lawful guardian of Vivaan Dang.

The child VIVAAN will return to Munich, Germany with the mother, namely, Tamanna. Tamanna will have sole custody rights of the minor child and Harkesh will have only visitation rights. Moreover, the Tamanna will shall be at [sic] exclusive rights to decide all the major decisions in respect to Vivaan’s upbringing.

Signature Not Verified Digitally Signed MAT.APP.(F.C.) 200/2022 2 i) During 06 weeks of vacations in August to September of each year; Harkesh and Tamanna will share the vacations on 50:50 basis and the child Vivaan will spend 03 weeks with the father in Delhi, NCR.

ii) During 02 weeks of vacations in December-

January of each year, the child will spend 01 week with the father in Delhi, NCR (India).

iii) Harkesh will not remove the child out of Delhi, NCR (India) without the written consent of the mother/Tamanna. For facilitating visitation, as agreed in Clause (i) and (ii), Tamanna and the child will travel to Delhi (India) and Harkesh will provide To-Fro air tickets for both. Harkesh is [sic] liberty to avail visitation rights {as agreed in Clause (i) and (ii)} by coming to Munich, Germany. Tamanna shall always retain the passport of the child with her. Tamanna can speak with the child once every day through Video-Audio call; Tamanna will meet the child twice a week for about 02 hours each time. During the time the child spends with the father/Harkesh, the father will ensure that the location of the child’s mobile phone is ‘On’.

iv) Harkesh will have access to the child through audio-video call during the period the child is with Tamanna in Germany, at-least 05 times a week varying 10-15 minutes and the child will be provided with the mobile phone.

v) Harkesh shall pay to Tamanna for up-bringing of Vivaan 1000 Euros every month during the first year from the date of signing of this settlement Signature Not Verif