Rohit Pathak v. Natasha Pathak
$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 434/2020 ROHIT PATHAK ..... Petitioner Through:
Ms.Sudershani Ray, Adv.
versus NATASHA PATHAK ..... Respondent Through:
Ms.Indira Unninayar, Adv.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 31.08.2020 This petition has been heard through video conferencing. This petition has been filed challenging the order dated 05.08.2020 passed by the learned Principal Judge Family Court, Saket (South-East District) in GP No.02/2019, titled Rohit Pathak v. Natasha Pathak. By the Impugned Order, the learned Principal Judge has decided on the application filed by the petitioner seeking modification of the order dated 27.11.2019, by which temporary visitation rights of the child was decided. The Impugned Order further decides on the applications filed by the respondent herein, seeking modification of the orders dated 27.11.2019 and 20.12.2019.
The learned Principal Judge, rejecting the application of the petitioner, observed as under:- "6. So far as the modification of order dated 27.11.2019, as sought by the parties is concerned, during this time when the courts are closed due to the Covid-19
pandemic, it will not be in the interest and welfare of the child that he be called on First Saturday of every month in the court to meet the petitioner in the Children Room, Family Court, Saket, New Delhi. Moreover the child has already stayed with the petitioner for about one week during summer vacation and bonding between the two must have developed. Therefore it will be in the interest and welfare of the child that on every 1st and 3rd Saturday of the month petitioner will collect the child from the house of the respondent at around 11:00am in the morning and will handover him to the respondent at about 5:00pm on Sunday. It is hoped that both the parties will comply with the orders of the court in its spirit and letter. Application filed by the petitioner as well as two applications filed by the respondent are disposed of." I see no reason to interfere with this order at this stage. It would be open to the parties to seek further directions on the visitation/custody of the child from the learned Family Court in accordance with law. The petition is accordingly dismissed.
NAVIN CHAWLA, J AUGUST 31, 2020/rv