SHASHANK GUPTA Vs. DIMPLE GOGNA

JUDGEMENT

(1.) Petitioner herein is defending a Guardianship Petition filed by his wife under Sec. 7, 9 and 25 of Guardianship and Wards Act, 1890 read with Sec. 4, 6 and 6A of Hindu Minority and Guardianship Act, 1956 whereby she is seeking immediate order of custody of their minor child aged 3 years.

(2.) The respondent herein moved an application before the learned Family Court seeking interim custody of her elder son, primarily, for the reason that the child is very young and, therefore, he requires her constant care and parenting. The father, on the other hand, contended that his such elder son is very much attached to him and was continuously living with him for more than six months and that he had also applied for his school admission in various school situated in South Delhi. He also contended that the environment of the house of the mother was not very appropriate for his upbringing as the Maternal Uncle (Mama) of their son was having criminal antecedents, being involved in various FIRs.

(3.) The learned Trial Court, while considering arguments on said interim application, directed that the interim custody of elder child be handed over to his mother and, simultaneously, in order to ensure that the child is not deprived of love and affection of his father, such father (petitioner herein) has also been granted overnight visitation rights. The relevant portion of the impugned order reads as under:-