PARAMEETA SINGH Vs. HARSH VARDHAN SINGH

JUDGEMENT

(1.) The challenge in this appeal is to an order dated September 13, 2023, whereby the learned Family Court while considering the application filed by the respondent herein under Sec. 12 of the Guardianship and Wards Act,1890, has directed as under:-

(2.) The submission of learned counsel for the appellant primarily is that the child is only 3 ' years of age and the appellant has been directed to travel along with her child from Bomdila, Arunachal Pradesh to Delhi, i.e., a distance of 2107 kms. and as such would entail three hours journey of car from Bomdila to Tezpur and nine hours of minimum journey of flight from Tezpur to Guwahati and then from Guwahati to Delhi and as such, it would be taxing on the minor child to travel such a distance. He submits that the respondent can very well travel to Bomdila, to meet the child and to this extent the impugned order requires to be modified.

(3.) On the other hand, learned counsel for the respondent would contest the appeal by stating that the order of the Family Court is justified as the Family court has granted visitation rights only for a period of two hours i.e., from 02:00 PM to 04:00 PM, that too in the Children Room, Family Courts, Saket, New Delhi, on third Saturday of every month. He further submits that in case the order of the Family Court is not modified then even the parents of the respondent, would also get the opportunity to enjoy the company of the child, as they also stay in Delhi. He also submits that the sister of the appellant, who is a married woman, stays in Gurugram and to that extent, no hardship would be caused to the appellant, as she can very well stay at her sister's residence rather than going back to the Bomdila, immediately. It is also his submission that the plea of the appellant, that the fact that she has to travel from Bomdila, Arunachal Pradesh to Delhi along with the child would be taxing on the minor child, is not tenable, inasmuch as, the appellant is also a permanent resident of Tezpur and as such, she can very well come to Tezpur and stay there in advance, i.e., before taking a flight from Tezpur to Guwahati and then from Guwahati to Delhi.