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2020 Supreme(SC) 170

A.M.KHANWILKAR, AJAY RASTOGI
SOUMITRA KUMAR NAHAR – Appellant
Versus
PARUL NAHAR – Respondent


Advocates Appeared:
For the Petitioner(s):Jasmeet Singh, Saif Ali, Advocates
For the Respondent(s):Mehmood Pracha, Abhay Anand Jena, Advocates

JUDGMENT

Ajay Rastogi, J.

1. Leave granted.

2. In a custody battle, no matter which parent wins but the child is always the loser and it is the children who pay the heaviest price as they are shattered when the Court by its judicial process tells them to go with the parent whom he or she deems fit. It is a kind of dispute which has arisen initially from the Family Court and reached to this Court.

3. The husband Soumitra Kumar Nahar assailed the order of the High Court of Delhi dated 4th September, 2015 which partly allowed the appeal with the direction to the wife Parul Nahar to comply with the consent terms qua the visitation rights of the appellant­ husband Soumitra Kumar Nahar to meet son Master Shravan. At the same time, visitation rights to meet the daughter Sanjana were declined. It was also observed that if the daughter wishes to meet her father, she can do so at her own desire.

4. Pending Civil Appeal @ Special Leave Petition(Civil) No. 6201 of 2016, a miscellaneous application was filed by the respondent Parul Nahar before the High Court of Delhi of which an order came to be passed on 12th May, 2016 directing Dr. Achal Bhagat (Psychotherapist) to ascertain the background facts


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