Sh Gaurav Aggarwal v. Smt Shilpa Aggarwal
$~81 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 202/2025 & CM APPL. 7792/2025 & CM APPL. 7793/2025 & CM APPL. 7794/2025 SH GAURAV AGGARWAL .....Petitioner Through:
Mr. Gurman Kaur Dua with Ms. Nishu Bhudiraja, Advocates with petitioner in person.
versus SMT SHILPA AGGARWAL .....Respondent Through:
None.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
O R D E R
% 10.02.2025 1.
Petitioner seeks initiation of contempt proceedings against his wife for not adhering to the specific directions contained in order dated 26.04.2023 passed by learned Judge, Family Court, North District, Rohini Court in guardianship petition (G.P. No.75/2022) filed by him. 2.
Petitioner, during course of the hearing of the above said guardianship petition, had filed an application seeking visitation and his request was allowed by granting him visitation rights on first and third Saturday of every month for two hours in the Children Room of Rohini Court Complex. It was also observed that since the child, at relevant time, was in Bangalore, the respondent would facilitate the meeting of the child with the petitioner through video conferencing till the time they return to Delhi and physical visitation in Delhi is resumed.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
3.
Learned counsel for the petitioner submits that when the matter was later on taken up by learned Judge, Family Court on 13.02.2024, the petitioner had sought permission to physically meet the child in Bangalore and such permission was granted subject to his giving prior intimation in this regard to the respondent.
4.
It is, however, submitted that despite above, the respondent is not adhering to the specific directions and visitations are not happening in the manner these should take place i.e. in terms of the above said specific orders of the Court.
5.
When asked, it was apprised that the guardianship petition is now listed for petitioner's evidence on 24.04.2025. 6.
Nobody appears on behalf of respondent on advance notice. 7.
After hearing arguments for some time, learned counsel for the petitioner submits, while reserving all his rights and contentions, that if some direction is given to learned Trial Court to decide the guardianship petition expeditiously and if in future, the respondent adheres to the specific orders passed by learned Judge, Family Court, the petitioner would not press the present petition. She also submits that the petitioner would also bring all the instances of infraction/contravention of the above said orders to the notice of learned Judge, Family Court.
8.
In case, any such instance of infraction of the above said orders is brought to the notice of learned Judge, Family Court, this Court expects that learned Trial Court shall take immediate response from the respondent and would pass further appropriate order. Simultaneously, since the guardianship petition is already at the stage of petitioner's The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
evidence and the petitioner submits and he would be examining himself only and no other witness, learned Trial Court is also requested to decide the above said guardianship petition as expeditiously as possible, preferably, within a period of six months from the date it takes up the above said guardianship petition, after this order. 9.
In view of the above, the present contempt petition is disposed of as not pressed.
10.
However, at the same time, liberty is granted to the petitioner to revive the present petition, if need so arises. 11.
A copy of this order be given dasti under the signatures of the Court Master.
12.
A copy of this order be also sent to the concerned Court by Registry for information and due compliance.
MANOJ JAIN, J FEBRUARY 10, 2025 st The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.