Pushpender v. Sonia Choudhary

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAT.APP.(F.C.) 282/2025 & CM APPL. 48303/2025 (Ex.) PUSHPENDER .....Appellant Through:

Mr.

Nikhil Sharma, Mr.

Sanjeev Kumar, Ms. Shaurya Sethi and Mr. Shyam Sunder, Advocates versus SONIA CHOUDHARY .....Respondent Through:

Respondent in person with her counsel (name not given)

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

O R D E R

% 07.08.2025 1.

The present Appeal under Section 19(1) of the Family Courts Act, 1984 read with Section 151 of the Code of Civil Procedure, 1908 has been filed by the Appellant seeking following reliefs: "a. Set-aside the impugned order dated 02/08/2025 passed in custody case bearing GP No. 88/2024 by the court of MS. SAVITRI PRINCIPAL JUDGE, FAMILY COURTS, SHAHADRA DISTRICT, KARKARDOOMA COURTS, DLEHI. Titled As Sonia Chaudhary Vs Pushpender in the interest of justice.

b. Call upon all the records of the GP. No. 88 Of 2024 Titled As Sonia Chaudhary Vs Pushpender.

c. Keep both children together on 09/08/2025 for celebrating the Rakhsabandhan (Rakhi Festival) in the interest of welfare of Children as small child is just 10 year and very much attached to his sister namely Pihu Baliyan.

d. Any other relief which this court deems fit in the facts and circumstances of the case stated therein."

2.

Through this appeal, the Appellant assails the correctness of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Interim Order dated 02.08.2025, passed by the learned Judge, Family Court, Shahdara District, Karkardooma Courts, Delhi1. 3.

The brief facts of the case are that the Appellant and the Respondent are husband and wife, and out of their wedlock, they have two children - one daughter and one son. The parties are living separately, the custody of the daughter has been granted to the Appellant-father, while the custody of the son has been granted to the Respondent-mother.

4.

The Appellant is aggrieved by the decision of the learned Family Court, where he had filed an application under Section 12 of the Guardians and Wards Act, 1890 before the learned Family Court, seeking one-day custody of the minor son to celebrate the festival of Rakshabandhan on 09.08.2025. However, vide the Impugned Order dated 02.08.2025, the learned Family Court decided the application and directed that the children be given an opportunity to celebrate Rakshabandhan on 08.08.2025, in the Child Meeting Room at Karkardooma Courts, from 03:30 PM to 04:30 PM. 5.

Learned counsel for the Appellant submits that the festival of Rakshabandhan falls on 09.08.2025, not on 08.08.2025. 6.

We have perused the impugned Order dated 02.08.2025, passed by the learned Family Court, wherein it is noted that since the Child Meeting Room is closed on 09.08.2025, an interim arrangement has been made for 08.08.2025 for a duration of one hour. 7.

In view of the aforesaid facts and circumstances, this Court does not find any grounds to interfere with the Interim Order dated 02.08.2025, passed by learned Family Court.

8.

Accordingly, the present Appeal along with pending 1 Family Court The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

applications is dismissed.

ANIL KSHETARPAL, J.

HARISH VAIDYANATHAN SHANKAR, J.

AUGUST 07, 2025/rk/ds The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.