Lalit Kumar v. Pallavi Sehgal

$~30 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAT.APP.(F.C.) 143/2024 & CM APPL. 24565/2024, CM APPL. 24567/2024 LALIT KUMAR ..... Appellant Through:

Mr Manish Sindwani, Advocate.

versus PALLAVI SEHGAL ..... Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 29.04.2024 [Physical Hearing/Hybrid Hearing (as per request)] CM APPL. 24566/2024 1.

Allowed, subject to just exceptions.

MAT.APP.(F.C.) 143/2024 2.

This appeal is directed against the judgment and order dated 16.03.2024 rendered by the Family Court, South-East District, Dwarka Courts, New Delhi. 3.

The appellant is aggrieved by the fact that the Family Court has issued a direction that the child would not be taken out of the National Capital Territory of Delhi [in short, "NCT of Delhi"] without the permission of the Court. 4.

The next date fixed in the matter by the Family Court is 01.05.2024. 5.

A perusal of the impugned judgment indicates that on 16.03.2024, the matter could not proceed further as in the first half the respondent was unavailable and in the post-lunch session, the counsel for the petitioner was MAT.APP.(F.C.) 143/2024 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 01/05/2024 at 12:26:52

occupied.

6.

We may note that the learned Family Court Judge has also taken cognizance of the submission made on behalf of the respondent that the visitation rights given to her vis-a-viz the child were not complied with in December, 2023.

6.1 To be noted, the record discloses that via order dated 25.03.2022, the respondent has been granted visitation rights on every first and third Saturday of the month.

7.

Thus, taking a holistic view of the matter, we are not inclined to interfere with the impugned judgment and order.

8.

The appellant can always move the Family Court for variation of the order. The impugned direction makes it clear that if the appellant wishes to take the child out of NCT of Delhi, he could do so after taking permission of the Court.

8.1 We may note that contrary to the submission made before us, there is no blanket ban imposed by the Court in taking the child out of NCT of Delhi; the only requirement is to seek the Court's permission. 9.

The appeal is, accordingly, disposed of.

10.

Pending applications shall stand closed.

RAJIV SHAKDHER, J AMIT BANSAL, J APRIL 29, 2024/rt Click here to check corrigendum, if any MAT.APP.(F.C.) 143/2024 Page 2 of 2s 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 01/05/2024 at 12:26:52