Sushila v. Sushila & ANR

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAT.APP.(F.C.) 259/2019 & CM APPL. 44687/2019 SUSHILA ..... Appellant Through Mr. Sanjay Suri, Mr. Rishabh Relan, Ms. Vinny Shangloo, Advocates.

versus SUSHILA & ANR ..... Respondent Through None.

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE ASHA MENON

O R D E R

% 11.10.2019 1.

The appellant/mother is aggrieved by the judgment dated 07.08.2019, passed by the Family Court, disposing of the custody petition, filed by her under Section 25 of the Guardians and Wards Act, 1890 praying inter alia for the custody of her two minor children, who are presently with the respondents No. 2 to 5. By the impugned judgment, the Family Court has held that as of now, the appellant/mother is not entitled to the custody of the children. However, she has been granted visitation rights in respect of both the children on every first and third Saturdays of the month from 3.00 PM to 5.00 PM at the Children's Room attached with the Family court, Dwarka, Delhi. Further, it has been clarified that there shall be no legal impediment for the appellant to initiate legal proceedings qua the custody of the children afresh, whenever there is a change in the circumstances and the custody orders can also be modified in changed circumstances. MAT.APP.(F.C.) 259/2019

2.

After addressing arguments at some length, learned counsel for the appellant seeks leave to withdraw the present appeal while reserving the rights of his client to approach the Family Court for the custody of the children or longer/modified visitation rights as and when there is a change in the circumstances.

3.

Leave as prayed for is granted. The appeal is disposed of as not pressed alongwith the pending applications.

HIMA KOHLI, J ASHA MENON, J OCTOBER 11, 2019/MK MAT.APP.(F.C.) 259/2019