AAKRITI KAPOOR Vs. ABHINAV AGARWAL

JUDGEMENT

(1.) The present petition under Article 227 of the Constitution of India, preferred by the mother of a five and a half years old girl child, seeks to assail the order dtd. 27/5/2022 passed by the learned Family Court in MISC No. 29/2020. Vide the impugned order, the learned Family Court, while deferring disposal of the applications filed by both sides seeking modification of visitation rights, has adjourned the matter with a direction to the parties to lead evidence.

(2.) The brief factual matrix as emerging from the record is that the parties entered into a wedlock on 4/2/2013 as per Hindu rites and ceremonies. Soon after their marriage, disputes arose between them; consequently the petitioner, in a state of pregnancy, moved back to her parental house where she was blessed with a baby girl Anaisha on 9/3/2017. After the birth of the child, even though the petitioner, at the request of the respondent, returned to her matrimonial home, the parties could not resolve their disputes and she on 1/10/2017, once again left for her parental home. The petitioner and the minor child are since then, living at the petitioner's parental home.

(3.) As the parties were not able to reconcile their differences, they entered into a settlement on 12/11/2018 as per which, they not only agreed to seek divorce by mutual consent but also agreed that the permanent custody of the minor child would remain with the petitioner. As per the terms of this settlement, the respondent was entitled to visit the minor child on the first Sunday of every month for five hours, which arrangement was to continue for six months. On 27/11/2018, the parties, filed their respective first motion petitions on the terms as mentioned in settlement agreement dtd. 12/11/2018, which motion was allowed by the learned Family Court. However, before filing the second motion, the parties on 25/5/2019, entered into another settlement agreement thereby modifying the visitation rights earlier agreed upon between the parties. As per the terms of this modified agreement, the respondent was, besides the existing visitation rights of five hours on the first Sunday of every month, granted overnight visitation rights. The respondent was accordingly entitled to pick up the child from the petitioner's residence in the evening on every fourth Saturday of the month and drop her back on Sunday evening. He was further granted exclusive custody of the child for five days in the summer vacations and for three days in the winter vacations besides three hours exclusive custody on the festival of Diwali as well as on the birthday of the child. As per this settlement, it was further agreed between the parties that the petitioner would not be entitled to take the child outside the country without the leave of the Court.