The High Court · 2025

Through: Mr. Sanjay Lao, Standing Counsel with Ms, Priyam Agarwal & Mr. Abhinav Kumar, Advocates with Insp. OmbirDabass, PS Hauz Quazi, ASI Surender. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA % O R D E R 03.03.2025

1. This hearing has been done through hybrid mode. CRL.M.A. 6727/2025 (for modification) in W.P.(CRL) 394/2025

2. The present application is filed by the Applicant/Respondent No.2 under Section 528 of BNSS, 2023 seeking modification of order dated 10th February, 2025 inter alia to the effect that the word ‘Dadi’ in paragraph 6 ought to be modified to ‘Nani’

3. The writ petition being W.P.(Crl) 394/2025 was filed by the Petitioner/Father – Mr. Zeeshan Ahmed seeking production of his minor son, who is less than 2 years of age. The Court after considering the facts and circumstances of the case, vide order dated 10th February, 2025 had disposed of the petition in the following directions: “4. … Today, they have appeared along with Respondent No.2’s brother. Petitioner has also W.P.(CRL) 394/2025 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/03/2025 at 15:01:13 appeared along with his mother and his brother. The Court has met them and had an in-chamber interaction with them. 5. The child is one and a half years old. Both the husband and the wife are well educated. The Petitioner is working in an IT Company and earns reasonably well. The Respondent No.2/Mother is also an M.Sc (Maths) and is working in the Department of Education. From the interaction which the Court has held with them, it appears that both the parties are willing to reconcile their differences and attempt an amicable settlement. 6. The child is being taken care of by the mother. He is also comfortable with the Dadi. The child being an infant at this stage, cannot be separated from the mother but the father is also entitled to meet the child. 7. Accordingly, circumstances, issued: (i) The parties shall appear before a Ld. Mediator the Delhi High Court Mediation Conciliation Centre. The ld. Mediator shall also engage a marriage/family counsellor for both the parties and try to resolve their differences. (ii) As Petitioner/Father is free to pick up his son every Sunday around 10:00 AM and spend four to five hours with the child, in his own home in Okhla where his other family members also reside. (iii) The Respondent No.2/Mother can accompany the child during the said visits, if she so wishes. following directions are interim arrangement, services W.P.(CRL) 394/2025 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/03/2025 at 15:01:13 present residence The RespondentNo.2/Mother For the first two or three visits, the Investigating Officer or a lady constable from PS Okhla shall remain there is no Petitioner/Father to ensure that untoward incident. (iv) Petitioner/Father as also the family members shall not indulge in any verbal abuse or any form of physical violence against each other during the visits. They have also assured the Court regarding the same. Anyone found violating this order, stringent action would be liable to be taken (v) For the living expenses of Petitioner/Father RespondentNo.2/Mother a sum of Rs.10,000/- per month on or before 10th of every month. The expenses for February, 2025 shall be paid by 20th February.” the child,

4. The first modification that is sought in the application is with respect to the term ‘Dadi’ in paragraph 6 of the above order. The said modification is not called for as the Court had seen that the child was comfortable with the paternal grandmother i.e. Dadi. He may also be comfortable with the Nani i.e., maternal grandmother but the observation in paragraph 6 relates to the paternal grandmother.

5. Secondly, modification is also sought to the extent that instead of the child going to the father’s house, he may come and visit the child on Sunday around 10:00 am in the wife’s house. However, the arrangement which was made on 10th February, 2025 was made after considering all the facts which had emerged during the in chamber interaction. W.P.(CRL) 394/2025 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/03/2025 at 15:01:13

6. Today, a chart has also been produced by the Petitioner/Father to show that on 16th February, 2025 and, 23rd February, 2025, the father’s meeting with the child was between 12:00 PM to 3:20 PM. However, upon sharing a prescription, the visit was permitted only for 30 minutes on the ground that the child was unwell. Again on 2nd March, 2025, the father was not allowed to meet the child.

7. The matter is currently pending in mediation. The Applicant/wife has also appeared and submits that she would like for the visitation to happen at her home.

8. The Court had already observed that in the matrimonial home, there is an extended family of the father with whom also the child is having a comfortable relationship. Keeping in mind the said fact and the age of the child, the interim visitation arrangement of once a week for a period of 4 to 5 hours on Sunday at 10:00 AM was fixed.

9. Therefore, there is no ground for modifying the said order.

10. However, it is made clear that in view of the allegations and counter allegations by the parties, a lady constable shall remain present at least for three months, whenever the child is visiting the father’s house with or without mother. The constable who visits shall briefly record in her own diary as to the events which transpired.

11. In so far as the monthly amounts are concerned again both parties are not ad idem. The father states that the money has been sent by postal order, and the wife is refusing to accept the same. The wife, on the other hand, states that no money has been sent.

12. In view of this, the monthly amount shall be exchanged between ld. Counsels for the parties. The husband is free to even transfer the money W.P.(CRL) 394/2025 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/03/2025 at 15:01:13 either by UPI or through direct bank transfer.

13. It is reiterated that the present arrangement is interim in nature and shall remain subject to any settlement reached between the parties or any directions issued by a competentcourt in the event parties pursue their legal remedies.

14. Application disposed of. PRATHIBA M. SINGH, J. RAJNEESH KUMAR GUPTA, J. MARCH 3, 2025 DA W.P.(CRL) 394/2025 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/03/2025 at 15:01:13