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* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 20^th March, 2026 Pronounced on: 2^nd April, 2026 + CM(M) 2800/2024 VIMLENDU KUMAR JHA .....Petitioner Through: Mr. Arunav Patnaik, Mr. Atriroy Chowdhury, Mr. Nirbhay Nitya Nanda and Ms. Pragya Samal, Advocates alongwith Petitioner in-person.

versus MINAL BHATNAGAR .....Respondent Through: Ms. Malavika Rajkotia, Ms. Akriti Tyagi and Ms. Trisha Gupta, Advocates.

Respondent through VC.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

JUDGMENT

AMIT SHARMA, J.

1. The present petition under Article 227 of the Constitution of India, 1950, seeks following prayers: -

“а. Pass an order setting aside the order dated 03.06.2024 passed bу the Ld. Judge 02, Family Courts, District Court, Saket, New Delhi;

b. Pass an order for bаby Gayatri to spend all such time with the Petitioner and his family in the Respondent's unavailability due to her work commitments;

с. Pass an order granting unfettered visitation rights in favour of the Petitioner to meet his daughter, Gayatri Bhatnagar Jha for at least three (3) days in а week, including а day in the weekends;

d. Pass an order allowing the Petitioner to communicate with his daughter on telephone/ video call at all times;

е. Pass an order allowing the parents of the Petitioner to have unfettered access to their only granddaughter;

f. Pass an order allowing the Petitioner to make all decisions on an equal footing with the Respondent relating to the child's education, including the choice of school, regular contact with the school for updates, involvement in curricular, co-curricular as well as extracurricular activities;

g. Pass an order granting the Petitioner 50% of vacation time with his daughter, during her summer and winter holidays;

h. Pass an order granting visitation rights to the Petitioner thereby allowing him to visit his daughter on all important festivals and occasions;

i. Pass any other order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”

2. At the very outset, it is appropriate to refer to the following sequence of events leading to filing of the present petition: -

i) The petitioner has filed a petition, HMA No.493/2024, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, For short, ‘HMA’, against the respondent seeking divorce before the learned Family Court, South District, Saket, New Delhi, on 07.03.2024.

ii) During pendency of the said divorce petition, an application under Section 26 of the HMA was filed on behalf of the petitioner on 07.03.2024 for grant of the custody of the child- ‘G’ to the petitioner seeking the following prayers: -

“It is therefore, prayed that this Coun may be pleased to:

a) Allow the application and grant the ad interim custody of the child Gayatri Bhatnagar Jha to the Petitioner in the interest of justice;.

b) Pass any other Interim order for the well being of the minor child;

c) Pass such further and other Orders as may be necessary in the interest of Justice.”

iii) On the aforesaid application, following order was passed by learned Family Court on 02.05.2024: -

“Admittedly, for more than a year, the parties are living separately. Their daughter namely Ms. Gayatri is in the care and custody of the respondent/mother. At present she is going to a playschool by the name of ‘Anand Pre School’ Gurgaon. The petitioner has made repeated attempts to make entry into the school and to get a gate pass issued to pick up the child from the school.

Considering the fact that the child is very young just – 3 years of age (born on 22.03.2021) and is living with the mother exclusively since more than a year, and it is mother only who has admitted her to the playschool, the respondent is restrained from going to the playschool and meeting the child or taking her up from the school without specific orders of the court.

However, at the same time visitation rights are granted to the respondent. Respondent is permitted to meet the child in Children Room, Saket court complex, New Delhi on every 1st and 3r