Lokesh Prabhakar v. Archna Prabhakar

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 09.05.2025 + LOKESH PRABHAKAR .....Appellant Through:

Mr. P. Banerjee, Mr. Sarthak Bhardwaj, Ms.

Anshika Sharma, Advs.

along with Appellant in person.

versus ARCHNA PRABHAKAR .....Respondent Through:

Mr. Satya Ranjan Swain, Mr.

Ankush Kapoor & Ms. Archana Prabhakar, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE RENU BHATNAGAR NAVIN CHAWLA, J. (Oral) 1.

This appeal has been filed challenging the Order dated 22.05.2024 passed by the learned Judge Family Court, Central District, Tis Hazari Courts, Delhi in G.P. No. 16/23, titled Lokesh Prabhakar v. Archna Prabhakar, by which the learned Family Court has rejected the application of the appellant for overnight custody of the son born from wedlock with the respondent/mother, during the summer vacation of the year 2024.

2.

With the passage of time, the appeal has, in fact, been rendered infructuous. We are informed that the appellant has also filed an application now, seeking overnight visitation rights of the children for the summer break of 2025, which is pending adjudication before the

learned Family Court.

3.

This Court, by its interim order dated 20.03.2025, had made the following interim arrangement of visitation, with the consent of the parties:

" 2. We are happy to note that the parties have agreed that the children can meet the appellant on every first, third and the fourth Sunday in a month at the Pacific Mall, Pitampura, between 3 P.M. to 5 P.M. The respondent shall drop the children at the Mall with the appellant at 3 P.M. and shall ensure that she stays away from the place where the appellant is enjoying his visitation right with the children. The appellant shall hand over the custody of the children to the respondent at 5 P.M. at the same place. The appellant during the visitation shall not take the children out of the Mall, however, he shall be entitled to spend the time with the children, as he may like."

4.

We are informed that pursuant to the above, the children had met the appellant only twice, that is, on 23.03.2025 and 06.04.2025. 5.

The learned counsel for the respondent submits that even in these meetings, at least the elder daughter was not comfortable meeting the appellant. Though this is not disputed by the learned counsel for the appellant, he submits that the same was due to the daughter being indoctrinated by the respondent against the appellant. 6.

Without commenting upon the above submissions of the learned counsels for the parties, and as admittedly the daughter is not comfortable to meet the appellant, we dispose of this appeal by directing that the interim arrangement made by us vide the order dated

20.03.2025 shall now be applicable only for the minor son and shall continue till the end of June 2025.

7.

The application filed by the appellant seeking overnight custody of the children for the summer break of 2025 before the learned Family Court will, accordingly, be treated as having been rendered infructuous.

8.

Post June, 2025, the appellant shall, however, be entitled to file a fresh application before the learned Family Court seeking further directions with respect to the visitation rights over the children. The learned Family Court shall decide the same in accordance with law and remaining uninfluenced by any of the previous orders that have been passed, including by us.

9.

The appeal is, accordingly, disposed of.

NAVIN CHAWLA, J RENU BHATNAGAR, J MAY 9, 2025/pr/my/ik Click here to check corrigendum, if any