Smt Dixita Ghai v. Shri Harshul Ghai

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAT.APP.(F.C.) 132/2025 SMT DIXITA GHAI .....Appellant Through:

Ms. Koplin K Kandhari, Adv.

versus SHRI HARSHUL GHAI .....Respondent Through:

Nemo.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE RENU BHATNAGAR % 04.04.2025

O R D E R

CM APPL. 19994/2025 (Exemption) 1.

Allowed, subject to all just exceptions.

CM APPL. 19995/2025 2.

For the reasons stated in the application, the delay of 41 days in filing the appeal is condoned.

3.

The application stands disposed of.

MAT.APP.(F.C.) 132/2025 4.

This appeal has been filed by the appellant, challenging the Order dated 23.12.2024 passed by the learned Family Court-01, West District, Tis Hazari Court, Delhi (hereinafter referred to as 'Family Court') in GP no. 108/2021 titled Dixita Ghai v. Harshul Ghai, whereby the learned Family Court refused to grant interim custody of the minor son of the parties to the appellant during the winter The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 15:46:54

vacations of the child.

5.

The learned counsel for the appellant submits that the above order has been passed on an application wherein, apart from the prayer for interim custody of the minor child during the winter vacation, various other prayers for joint parenting were also made. She submits that none of the other prayers were considered by the learned Family Court.

6.

From a bare reading of the impugned order itself, it would be apparent that the learned Family Court has confined its attention only to the prayer of the appellant for interim custody of the child during the winter vacation. There is no finding, direction, or rejection with respect to the other prayers made by the appellant in her application filed under Section 12 of the Guardians and Wards Act, 1890. 7.

The appellant, therefore, would always be entitled to agitate these prayers before the learned Family Court, and needless to state, the impugned order would not influence the learned Family Court while deciding on these prayers.

8.

With the above clarification, the present appeal is disposed of. NAVIN CHAWLA, J RENU BHATNAGAR, J APRIL 4, 2025/Pr/Medha/DG Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 15:46:54