AMRITESH JATIA Vs. VIDHI JATIA

JUDGEMENT

(1.) The present Appeal has been preferred under Sec. 19 of the Family Courts Act, 1984 ( "Act "), assailing the order dtd. 26/5/2026 ( "Impugned Order ") passed by the learned Family Court, South District, Saket Courts, New Delhi ( "Family Court ") in HMA No. 1774/2023 ( "Divorce Petition ").

(2.) By the Impugned Order, the learned Family Court dismissed the Appellant 's application under Sec. 26 of the Hindu Marriage Act, 1955 ( "HMA "), seeking interim custody of the minor children while they are in London, United Kingdom, from 28/6/2026 to 5/7/2026 ( "Interim Application ").

(3.) Ms. Geeta Luthra, learned Senior Counsel for the Appellant, submitted that the learned Family Court permitted the Respondent to act unilaterally, without any prior discussion with or consent of the Appellant in relation to the custody of the children during the summer vacation. It was further submitted that the Impugned Order is contrary to the record, inasmuch as it fails to consider the bona fides of the Appellant, who had first informed the Respondent of his proposed trip to London with the children for a period of 15 days; however, the Respondent, without prior intimation, booked her summer vacation with the children for 35 days.