CM(M)/1610/2018 of GEETIKA GULATI & ANR Vs CHETAN ANAND & ORS. on 31 December 2018

1. Exemption allowed, subject to all just exceptions.

CM(M) 1610/2018 & CM No. 54914/2018 (for interim direction)

2. The present petition under Section 227 of Constitution of India challenges theorder dated 18[th]December, 2018 passed by learned Principal Judge, Family Court,Dwarka in Guardianship Petition No. 22/2018, whereby the application filed by thePetitioner-Mother seeking custody of the child during winter vacations of hisschool has been dismissed.

3. During the course of the arguments, learned counsel for the Respondent pointsout that vide order dated 18[th]August, 2018, the parties had consented to an arrangement for sharing the interim custody of the child and in terms thereof thePetitioner-Mother is entitled to have the custody of the minor child from 10:00AMof every first and fourth Saturday till 5 pm on the corresponding first and fourthSunday of every month. The aforesaid terms would apply during the wintervacations as well and accordingly the Petitioner is entitled to have the custody ofthe child for four out of nine days of the winter vacations.

4. Learned counsel for the Respondent also states that the Respondent has madetravel plans for going to Jodhpur alongwith the minor child and they will bereturning on 3[rd]January, 2019. He suggests that the Petitioner can retain thecustody of the minor child from 10 AM on 4[th]January, 2019 till 7[th]January, 2019.Learned counsel for the Petitioner objects to the travel plans made by the fatherwithout consulting the Petitioner. However, he submits that the abovementionedarrangement of sharing of the interim custody of the child is acceptable to thePetitioner.

5. It is accordingly directed that the Respondent shall hand over the custody of theminor child, Ziv Anand to the Petitioner at 10:00 AM on 4[th]January 2019.Petitioner would retain the custody till 7[th]January 2019, when she would drop thechild to Shri Ram Global Pre-School, Dwarka directly from her residence.

6. In case the school does not reopen, then the custody of the child will be handedover to the Respondent on 7[th]January, 2019 at 10 am.

7. Learned counsel for the Petitioner has further expressed his anxiety that in casethe winter vacations are extended, the Petitioner should be entitled to have furtherinterim custody of the child. It is made clear that in case such an event occurs, the Petitioner would be at liberty to file an appropriate application before theconcerned Family Court.

8. The impugned order is modified in terms of the agreement between the parties,recorded in the order herein above.

9. Accordingly, the present petition along with the pending application is disposedof.

DECEMBER 31, 2018ss

SANJEEV NARULA, J(VACATION JUDGE)