Prashant Prakash Sahni v. Devika Mehra

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAT.APP.(F.C.) 140/2018 & C.M.Nos.26998/2018 (for supervised visitation) & 25109/2018 (for stay) PRASHANT PRAKASH SAHNI ..... Appellant Through Mr.Prusenjeet Banerjee with Ms.Shreya Singhal, Advs.

versus DEVIKA MEHRA ..... Respondent Through Mr.Prabhjit Jauhar, Adv.

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 11.07.2018 1.

The appellant/husband is aggrieved by the order dated 08.06.2018 passed by the learned Family Court, Patiala House whereby he was declined visitation rights in respect of his two minor children (one aged 12 years and the other aged 10 years) during their school summer vacations that had commenced on 19.05.2018 and have concluded on 03.07.2018. 2.

A perusal of the order-sheet shows that vide order dated 18.06.2018 passed by the Vacation Bench, the respondent/wife was directed to arrange a meeting of the children with the appellant/husband for two hours on 25.06.2018 at the Delhi High Court Mediation and Conciliation Centre. The said directions were issued in the light of the submission made on behalf of the respondent that the children were at that point in time, holidaying in Manali.

MAT.APP.(F.C.) 140/2018

3.

We are informed that the meeting had taken place in terms of order dated 18.06.2018.

4.

Learned counsel for the appellant contends that the meeting of the appellant with the children did take place but he had objected to the respondent's presence in the assigned room in the Mediation Centre at the time of the meeting. Despite this the meeting took place under her supervision. The said submission is, however, disputed by learned counsel for the respondent.

5.

A perusal of the impugned order reveals that the matter is now listed before the learned Family Court on 13.07.2018, for addressing arguments on an application filed by the appellant under Section 12 of the Guardians and Wards Act, 1890.

6.

We are of the opinion that the present appeal has run its course and no further orders are required to be passed in it. The parties shall appear before the learned Family Court on the date already fixed. 7.

It is made clear that the impugned order dated 08.06.2018 passed by the learned Family Court, being interim in nature, shall not be construed as a finding returned against either party and both sides shall be at liberty to address arguments on facts and in law on the pending petition filed by the appellant under Section 12 of the Guardians and Wards Act, 1890. 8.

The appeal is disposed of alongwith the pending applications. HIMA KOHLI, J REKHA PALLI, J JULY 11, 2018/sr/rd MAT.APP.(F.C.) 140/2018