Naveen Gupta v. Samta Gupta

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 19.09.2024 + MAT.APP.(F.C.) 261/2024 and CM APPL. 46835/2024 NAVEEN GUPTA .....Appellant Through:

Mr Ravi Kumar, Advocate along with appellant in person.

versus SAMTA GUPTA .....Respondent Through:

Mr Anuj Jain, Advocate along with respondent in person.

CORAM:

HON'BLE MR JUSTICE RAJIV SHAKDHER HON'BLE MR JUSTICE AMIT BANSAL [Physical Hearing/Hybrid Hearing (as per request)] RAJIV SHAKDHER, J.: (ORAL) 1.

This appeal is directed against the judgment and order dated 24.05.2024 passed by Mr Vipin Kumar Rai, learned Additional Principal Judge, Family Court, South West, Dwarka, New Delhi. 2.

We had heard counsel for the parties on the previous date whereupon, certain directions were issued to enable, essentially, the interaction among the children and the parties.

3.

As noted in our previous order, the boy-child, who is about three (3) years old, is in the custody of the respondent while the girl-child, who is about eight (8) years old, is in the custody of the appellant. 4.

As alluded to above, we had issued a direction that the appellant would ensure that the girl-child is brought to the respondent's house every MAT.APP.(F.C.) 261/2024 Page 1 of 3

day between 03:00 PM to 07:00 PM.

5.

Furthermore, we had also directed the respondent to ensure that the appellant is given uninterrupted access to the boy-child when he visits her house to drop off or collect the girl-child.

6.

Having discussed the matter with the parties today, albeit in chamber, the following agreed schedule is put in place in the best interest of the children.

7.

We may note that both parties are keen that whatever arrangement is put in place enables the children to spend maximum time together. 8.

Accordingly, the following schedule is put in place: (i) The appellant will have custody of both children every weekday, i.e., from Monday to Friday, between 08.00 P.M. and 07.00 A.M. (ii) The appellant will ensure that the children are made ready for school on weekdays.

(iii) Since the boy-child's school gets over at 12:00 noon., and the girlchild's school gets over at 02.00 P.M., the respondent is given the responsibility of collecting the children at 12:00 noon. and 02:00 P.M. respectively.

(iv) The children will remain, albeit on weekdays, till 08.00 P.M. with the respondent.

(v) On weekends, i.e., on Saturday, the appellant will hand over the custody of the children to the respondent at 04:00 P.M. The children will remain overnight with the respondent, i.e., till Sunday. On Sunday, the children will be handed over to the appellant at 08.00 P.M. 9.

The impugned judgment and order is varied to the aforesaid extent. 10.

The appeal is disposed of in terms of the aforesaid schedule. MAT.APP.(F.C.) 261/2024 Page 2 of 3

11.

The parties are directed to assist each other so that the aforesaid schedule can work smoothly.

12.

The pending application shall also stand closed. RAJIV SHAKDHER, J AMIT BANSAL, J SEPTEMBER 19, 2024 /tr MAT.APP.(F.C.) 261/2024 Page 3 of 3