Meenu Sharma v. Sanjeev Sharma

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CONT.CAS(C) 1386/2022 MEENU SHARMA ..... Petitioner Through:

Mr. Hemant Kapoor, Advocate versus SANJEEV SHARMA ..... Respondent Through:

Ms.

Anisha Mathur, Mr.

Rahul Kumar, Ms.

Himani Kalra, Mr.

Anirudh Pandit, Advocates

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 09.04.2024 1.

The present petition has been filed alleging willful disobedience of the Settlement Agreement dated 19th May, 2022 executed between the parties before the Delhi High Court Mediation and Conciliation Centre. By way of the said settlement, it was agreed between the parties that custody of both the children shall remain with the respondent-father and the petitionermother shall have the visitation rights on the First and Fifth Sunday, if any in a month. The duration of the meeting was fixed as minimum of two hours.

2.

Learned counsel appearing for respondent-father submits that the aforesaid settlement is being scrupulously followed and that the petitionermother is allowed to have visitation with the minor child on the First Sunday and fifth Sunday (if any) at property bearing No. A-214, Shastri Nagar, Post Office Road, New Delhi. Further, the visitation rights have been granted on Third Sunday at a public place, in a mall or park, which shall be decided by 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 22/04/2024 at 12:38:34

both the parties mutually. The relevant portion pertaining to visitation rights reads as under:

"a. That the custody of both the Children remains with the First Party, i.e., the Father and the Second Party, i.e., the Mother shall have the visitation rights to meet both the Children on every alternate Sunday. b. That on the First Sunday and Fifth Sunday (if any in a month) the Second Party shall meet her children at A-214, Shastri Nagar post office road New Delhi. The First Party shall see to it that there is proper sitting arrangement and Fan/Cooler installed at the premises. c. That on the Third Sunday the Second Party shall meet at a public place be it mall or park which shall be decided by both the parties mutually.

d. That the duration of these meeting shall not be less than 2 hours and the first Party will ensure that he gives enough time to the Second Party i.e. the Mother to meet the Children, and will not sit with them. xxx xxx xxx"

3.

Considering the submissions made by learned counsel for respondent that the visitation rights are being granted to the petitioner regularly, except only on occasions when the petitioner herself expresses difficulty, this Court is of the view that substantial compliance is being made by the respondent. 4.

Accordingly, the present petition is disposed of, as having been satisfied.

MINI PUSHKARNA, J APRIL 9, 2024/au 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 22/04/2024 at 12:38:34