Pratik Bose v. Smita Guha Roy

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAT.APP.(F.C.) 356/2024 and CM APPL. 63936/2024 -Int. dir. PRATIK BOSE .....Appellant Through:

Mr. Prabhjit Jauhar and Ms. Shreya Narayan, Advocates with appellant in person.

Versus

SMITA GUHA ROY .....Respondent Through:

Mr.

Saurabh D.

Karan Singh, Mr.Sanjay Shisodia and Mr. Akash Kumar, Advocates with respondent in person.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 15.01.2025 1.

The present appeal under Section 19 of the Family Courts Act, 1984 has been filed by the father of the minor child who was the petitioner in G.P. No. 75/2024 pending before the learned Family Court, South East District, Saket, New Delhi being aggrieved by the non-grant of interim orders to him on his interim application under Section 12 of the Guardian and Wards Act, 1890.

2.

On 17.12.2024 after this Court had interacted with the minor children, the appellant was permitted to drop the minor children at the respondent's residence at 10.30 am on 06.01.2025 and 09.01.2025 and pick them up from The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the school at 05.00 pm on both days.

3.

We are informed that pursuant to the said order, the meeting of respondent with the children took place on 06.01.2025 and 09.01.2025 satisfactorily.

4.

Today, learned counsel for the parties submit that the appellant's interim application is yet to be considered and therefore, even though the parties can await the outcome of the interim application pending before the learned Family Court, some interim arrangement may be put in place so that the respondent can interact with the children during the interregnum. 5.

After some discussions, the parties agree that till the appellant's interim application is decided by the learned Family Court, the appellant will drop the children at the respondent's residence on every Sunday at 12 noon from where the respondent will drop the children at Ramakrishna Mission, R.K. Ashram Marg, New Delhi before 5:00 p.m. for their weekly classes. The appellant will thereafter pick up the children from Ramakrishna Mission, R.K. Ashram Marg, New Delhi. We further make it clear that in case for any reason, the children are not intending to attend classes Ramakrishna Mission, R.K. Ashram Marg, New Delhi on any Sunday, prior intimation will be given to the respondent and appropriate compensatory visitation rights will be granted to her.

6.

While disposing of the appeal with the aforesaid directions, we make it clear that the aforesaid arrangement has been made without the prejudice to the rights and contentions of the parties and will govern the parties till the disposal of the appellant's pending interim application before the learned Family Court, whereafter the parties will be governed by the order as may be passed by the learned Family Court. Needless to state that it will be open The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

for the learned Family Court to pass appropriate orders in accordance with law which may also amount to modifying the interim arrangement directed vide this order.

REKHA PALLI, J SAURABH BANERJEE, J JANUARY 15, 2025/uk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.