Akshara Santosh Ms.Anushka Sarraf, Adv along with the v. DR. MANOJ AGGARWAL

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI+ MAT.APP.(F.C.) 208/2025 DR. GEETANJALI AGGARWAL .....Appellant Through: Mr.Sumante De, Mr.Rohit Khurana, Mr.Akshara Santosh & Ms.Anushka Sarraf, Adv along with the appellant present in person versus DR. MANOJ AGGARWAL .....Respondent Through: Mr.Gaurav Gulati & Ms.Shreya, Advs along with the respondent present in person CORAM:HON'BLE MR. JUSTICE NAVIN CHAWLAHON'BLE MS. JUSTICE RENU BHATNAGARO R D E R% 30.05.2025CM APPL. 35799/20251.This application has been filed by the appellant/applicant praying for the following reliefs:- “a. Graciously interact directly with the minor child, who has been subjected to the custody order of this Hon'ble Court vide order dated May 29, 2025, and the orders of the Ld. Family Court, Karkardooma vide order dated May 19, 2025, to ascertain her genuine wishes and emotional state. b. Pass appropriate directions based on the sensitive and discerning outcome of the interaction with the child, ensuring her best interests and emotional well-being are prioritized above all else.” 2.This Court, by the consent of the parties, had passed an order dated 28.05.2025, which is reproduced hereinbelow: 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 31/05/2025 at 15:09:04 “3. With the consent of the learned counsels for the parties and without prejudice to the rights and contentions of either of them, the Impugned Order is modified only to a limited extent that the interim custody of the child shall be given to the respondent, subject to the conditions that were stipulated by the learned Family Court in its earlier Order dated 20.05.2024, which for the sake of convenience and clarity, are reproduced hereinbelow:- “17. Hence, in these circumstances, the Court deems it fit to dispose of the application of the petitioner with the following directions: xxx b) The child Myra shall be picked up from her home, and the respondent shall not create any obstruction in this regard and likewise the petitioner shall drop the child back to her home on 30.05.2024 by 06:00 pm. c) During the above-mentioned period, the child shall stay at the house of her Bua Smt. Anju Gupta at Shahdara, and it shall be the responsibility of the petitioner to take care of each and every need of the child and that she shall feel no discomfort, problem during her stay at the residence of her Bua. d) The petitioner is at liberty to arrange and take the Erald for any short trip, however, he shall take care of every comfort of the child and no harm should be caused to the child during any such trip, if undertaken. e) The family of the petitioner which includes his parents, brothers and nephew shall not try to establish contact with the child Myra during her stay with the petitioner in the house of Smt. Anju Gupta. f) The respondent shall have access to the child by way of telephonic calls and video calls twice a day, or as and when child wishes to communicate to the respondent, and the petitioner shall enable such 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 31/05/2025 at 15:09:04 telephonic access. g) If the petitioner wishes to take the child for any short trip, he shall furnish his PIN/location to the respondent through WhatsApp. Additionally, details of the trip be furnished before the Court mentioning the place, duration, hotels, etc of any such trip, on an affidavit. h) The respondent is directed not to create any hurdles for smooth compliance of the orders passed above. Likewise, the petitioner is directed that such order above has been passed only to enable him to spend quality time with his daughter and to establish bond with her in a real sense and the same may not be utilized to poison the mind of the child against the respondent or to talk adversely against the mother with these directions, application of the petitioner disposed of.” (The dates mentioned hereinabove shall stand suitably changed)4. The days of visitation shall also be modified to the extent that the custody of the child with the respondent shall be between 30.05.2025 to 17.06.2025, meaning thereby that the respondent would not have the visitation rights between 26.06.2025 to 29.06.2025 as has been directed earlier by the learned Family Court in the Impugned Order. 5. The parties are also present in-person and affirm that they will abide by the above terms.”3.We are dismayed to note that the appellant, after passing of the above consent order, has now moved this application stating that on the very next day, the appellant took the child to a Clinical Psychologist and Special Educator, and has obtained a report dated 29.05.2025 therefrom. 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 31/05/2025 at 15:09:04

4.Though we do not approve the conduct of the appellant, however, at the same time, in view of the report dated 29.05.2025 of the Clinical Psychologist and Special Educator, which is now placed before us, we would like the appellant to bring the child to the Delhi High Court Mediation and Conciliation Centre on 31.05.2025 at 11:00 AM. 5.The Organizing Secretary, Mediation Centre, is requested to appoint a senior Counsellor to interact with the child and even with the parents. However, in the counselling session with the child, the appellant shall not remain present. During such sessions, if the Counsellor deems it necessary, it may take assistance of an outside specialist /psychologist. The counsellor may also have further sessions with the child, if the counsellor so deems necessary or proper. 6.The counsellor shall give a report in a sealed cover to the Court on or before 03.06.2025. 7.List this application before the Vacation Bench on 4th June, 2025. The Vacation Bench shall consider the matter afresh, keeping in view the report of the Counsellor. 8.A copy of this order be given dasti under the signatures of the Court Master to the parties for ensuring compliance. NAVIN CHAWLA, JRENU BHATNAGAR, JMAY 30, 2025/rv/VSClick here to check corrigendum, if any