Ms. Amrita Sharma and Mr. Durgha Prakash, Advs v. KANCHAN SRIVASTAV

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAT.APP.(F.C.) 350/2024, CM APPL. 64691/2024, CM APPL. 10487/2025, CM APPL. 28277/2025, CM APPL. 42352/2025 & CM APPL. 55029/2025 ADITYA SHARMA .....Appellant Through: Ms. Amrita Sharma and Mr. Durgha Prakash, Advs. versus KANCHAN SRIVASTAV .....Respondent Through: Mr. Prashant Mendiratta, Mr. Sanchit Saini, Ms. Neha Jain, Mr. Shubhashish sharma, Ms. Sakshi Chandna, Ms. Vaishnavi Saxena, Mr. Shaurya Olakh and Ms. Vidhi Bangia, Advs. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR O R D E R % 02.09.2025 1. The Family Court, while disposing of an application filed by the Appellant with regard to visitation rights with the minor daughter for the festivals of Dusshera and Deepawali, 2024, passed an Interlocutory Order, which was the subject matter of anAppeal before this Court. 2. On 09.05.2025, the following order was passed by a Coordinate Bench of this Court: “1. We have interacted with the child and are of the opinion that our interim Order dated 05.11.2024 requires modification. Accordingly, we modify the interim order as follows: - a) The respondent shall bring the child to the Delhi High Court Mediation and Conciliation Centre every Monday, Wednesday, and Friday during the month of June 2025, except during the second week of June 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 08/09/2025 at 12:06:35 b) For the month of May, the respondent shall bring the child to the Mediation Centre on 28.05.2025 and 30.05.2025 at 11:00 AM. c) The appellant and the grandparents of the child shall have unrestricted visitation with the child during these visits. d) The Mediator will decide whether the assistance of a Child Counsellor is required, or may even direct that such visitation takes place in the children's room at the Mediation Centre. e) The visitation shall be for at least two hours on the abovementioned dates; f) During these meetings, the appellant shall ensure that he does not speak ill of the respondent or any of the respondent's family members; g) The appellant may bring gifts for the child and may hand them over to the child during these visits; h) There shall be no videography or still photography of these meetings by either of the parties; and, i) During such meetings, the respondent shall keep herself or her family members away from the place where the appellant is meeting the child. j) We have excluded the second week of June, 2025 for such meetings so that the respondent may, if she and the child so desire, travel for a holiday. 2. The report of these meetings shall be produced before us, in a sealed cover, by the Mediation Centre before the next date of hearing. 3. The learned senior counsel for the respondent submits that the appellant has been paying maintenance of only Rs. 15,000/- per month, which is not even sufficient to cover the fees for the child. The learned counsel for the appellant, on instructions from the appellant, submits that the appellant shall pay the fees of the child directly to the school where the child is studying, and this shall not be adjusted against the maintenance amount that has been determined by the learned Family Court or may be determined in the future for the respondent or the child. The appellant shall remain bound by this statement. 4. To ensure that the above condition is duly complied with, the respondent shall ensure that the particulars of the appellant including his contact details are brought to the record of the school. 5. List on 14th July, 2025.” 3. In the meantime, the report of the Counsellor has been received in a sealed cover, which has been perused. The Office is directed to 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 08/09/2025 at 12:06:35 forward the same to the Family Court in a sealed cover. 4. Learned counsel representing the parties are ad idem that visitation rights as modified vide Order dated 09.05.2025, will continue to operate with slight modification that the father will have visitation rights on first and third Saturday between 11:00 A.M. to 1:00 P.M. at the Delhi High Court Mediation and Conciliation Centre (“SAMADHAN”). 5. Learned counsel representing the Appellant submits that the Family Court did not grant access to visit the child at his school. 6. This Court has considered the submissions and has observed that the Family Court has made the following observations in paragraph No. 11 of the Impugned Order dated 09.10.2024, which reads as under: “11. At this stage, the Court is of the considered opinion that allowing the access to the petitioner to the school of minor child may jeopardize the environment and further studies of the minor child in the school, in which, she is presently studying, however, simultaneously, the petitioner is also having the right to know about the studies and other co-curricular activities of the minor child. The respondent is directed to furnish the mobile number and e-mail ID of the petitioner to the school authorities of minor child so that the school authorities may update the progress of the minor child to the petitioner through Whatsapp and e-mail or any other e-mode.” 7. At this stage, this Court does not find it appropriate to pass any further order on the question of Appellant’s right to visit the child on the premises of the school. 8. Hence, the present Appeal, along with pending applications, if any, is disposed of. ANIL KSHETARPAL, J HARISH VAIDYANATHAN SHANKAR, J SEPTEMBER 2, 2025/sg/er