Dr Shobha Ghandwal v. Anil Kumar Ghandwal

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAT.APP.(F.C.) 247/2018, C.M.Nos.40124-40125/2018 DR SHOBHA GHANDWAL ..... Appellant Through:

Ms.Shobha, Mr.R.K.Panigrahi, Mr.Pritesh and Mr.Sourav, Advocates versus ANIL KUMAR GHANDWAL ..... Respondent Through:

Mr.Yudhishter Sharma and Mr.Keshav Parashar, Advts. with respondent in person.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 01.10.2018 C.M.40124/2018 (exemption) 1.

Exemption is allowed subject to just exceptions. 2.

Application stands disposed of.

MAT.APP.(F.C.) 247/2018 3.

The present appeal is directed against the order dated 20.09.2018, by which the Family court has allowed the father to take the child to his native village at Dharamshala, Himachal Pradesh alongwith the grandmother and his entire family.

4.

The appeal was listed on 27.09.2018. We had issued notice to the respondent for today. Counsel for the respondent enters appearance and submits that order has already been acted upon. Counsel for the appellant submits that the matter is listed before the Family Court on 05.10.2018 and the Family Court should be directed to consider all the grounds raised by the appellant including the ground of molestation of the child by the father. Counsel for the respondent submits that the Family Court is

conscious of the allegations which have been made in the present appeal, reliance is placed on the order dated 14.09.2018 passed by the Family Court wherein a counsellor has been appointed, who had four sessions with the child over a period of 1.5 months. He has also drawn attention of the Court to a communication received by the counsellor to the presiding officer highlighting the conduct of the respondent. 5.

Heard. Since the order, subject matter of the appeal, has been acted upon, no further orders are required to be passed. However, we have no hesitation in saying that when the matter will be listed on 05.10.2018 before the Family Court all the grounds urged by the parties before this court including the specific ground urged by the appellant, would be considered by the Family Court.

6.

We make it clear that we have not expressed any opinion on the merit of the matter.

7.

With the above directions, the appeal stands disposed of. C.M.Nos.40125/2018 8.

In view of the order passed in the appeal, the application stands disposed of.

9.

Dasti.

G.S.SISTANI, J SANGITA DHINGRA SEHGAL, J OCTOBER 01, 2018 rb MAT.APP.(F.C.) 247/2018