GAUTAM MEHRA Vs. SONIA MEHRA

JUDGEMENT

(1.) The issue which arises for consideration in the present Appeal is whether the interim custody and visitation arrangements in respect of the parties' two minor children, as directed by the Family Court, stand vitiated by failure to apply the paramount welfare test, or by material omission to record and properly weigh the wishes of the children, so as to require appellate interference under Sec. 19 of the Family Courts Act, 1984 [hereinafter referred to as "FC Act"].

(2.) The present Appeal assails the correctness of order dtd. 7/8/2024 [hereinafter referred to as "Impugned Order"] passed by the learned Family Court, whereby interim custody of the two minor children of the parties was directed to be with the Respondent-mother, subject to conditions contained therein, while granting defined visitation rights to the Appellant-father.

(3.) The brief facts leading to the filing of the present Appeal, as pleaded, are that the marriage between the parties was solemnized on 3/3/2009 in accordance with Hindu rites and ceremonies. Out of the said wedlock, two children were born namely, Ms. Prisha Mehra, born on 17/7/2010, and Master Krishiv Mehra, born on 11/8/2016. The parties resided together at the matrimonial home situated at A-20, Ansal Villa, Sat Bari, Chhattarpur, New Delhi, along with the paternal grandparents of the children. Marital discord surfaced between the parties around the year 2023, leading to the filing of a petition under Sec. 13(1)(i) and (ia) of the Hindu Marriage Act, 1955, by the Appellant before the Family Court at Saket, seeking dissolution of marriage.