ADITI BAKHT Vs. ABHISHEK AHUJA

JUDGEMENT

(1.) CM (M) 47/2022 has been filed challenging the impugned order dtd. 22/12/2021 passed by learned Judge, Family Court, South-East District, Saket in Guardianship Petition no.8/2021 titled as "Abhishek Ahuja v. Aditi Bakht" insofar as restrain the petitioner from removing her minor child, namely, Anaaya Ahuja from Delhi. A further prayer has been made that order dtd. 21/8/2021 also be quashed insofar as it restrains the petitioner from removing the minor child Anaaya Ahuja from Delhi. The petitioner has also prayed for transfer of the proceedings in Guardianship Petition no.8/2021 titled as "Abhishek Ahuja v. Aditi Bakht" and all pending applications therein pending before Sh.Sanjeev Kumar Singh, learned Judge, Family court, South-East District, Saket to any other court. A prayer has also been made for the release of Canadian passport bearing no.GA340868 held by the petitioner and Canadian passport bearing no. AM039545 held by the Petitioner's minor daughter Anaaya Ahuja.

(2.) While this petition was pending, the learned Judge, Family Court decided the Guardianship Petition No.8/2021 titled as "Abhishek Ahuja v. Aditi Bakht" vide order dtd. 4/3/2022 and granted the following rights/access to the respondent father with the minor child:

(3.) The petitioner mother aggrieved of this filed CM(M) No.211/2022 challenging the impugned order predominantly on the ground that the impugned order dtd. 4/3/2022 focused solely on the rights of the father and his family ignoring the comforts of the minor child. It has been stated that the minor child has lived alone with the mother since she was 18 months old and is heavily dependent on her mother and has never been separated from her. The child has slept in the same bed as her mother since she was a few weeks old and still wakes up frequently at night looking to her mother for comfort. The petitioner has stated that separating the minor child from the mother for overnight visitation or vacation is sudden, drastic and would have a negative impact on the psyche and comfort of the minor child.