MUKTA AGARWAL Vs. VINEET GUPTA

JUDGEMENT

(1.) This Revisional Application is directed against the Order dated 25.2.2019 passed by the Ld. Additional Principal Judge, Family Court, Faridabad, whereby the Application moved by Ms. Mukta Agarwal-present Petitioner seeking grant of interim custody of her minor daughters namely Sharanya Mohan and Arunima had been disposed off.

(2.) Vide the impugned Order, the Ld. Court below had virtually disallowed the Application of the Petitioner seeking the interim custody of her daughters, who are presently residing with their father/Respondent in the present case. The Ld. Court below nevertheless permitted the Petitioner/mother to pick up the minor girls from their present home in Noida on each Friday at 5.30 P.M. and take them to her own residence at Faridabad, and thereafter return their custody at Noida by 3 P.M. on Sunday, apart from directing the Respondent to make the minor daughters talk to the Petitioner on telephone on every Sunday, Tuesday and Thursday between 7.00 p.m. to 8.00 p.m. In addition, the Ld. Court below also granted liberty to both sides to seek variation and alteration of the aforesaid arrangement if any exigency of the situation so demanded. The relevant operative portion of the impugned order is contained in Para 25 of the same, while liberty to seek alteration/modification is in para 27, and those observations are set out below -

(3.) The aggrieved Petitioner has now challenged the impugned Order. It may be mentioned that at an earlier stage, the Respondent/husband had apparently challenged the maintainability of the Petitioner's original Petition u/s 25 of the Guardian and Wards Act inter-alia on the ground of defect of Territorial jurisdiction of the Ld. Court below. His application for rejection of the original Petition was however, dismissed by the Ld. Court below on 18.10.2018, after which, he filed CR No.8160 of 2018 in this Court, which was thereafter withdrawn by him with liberty to take objection regarding Territorial jurisdiction. While granting him such liberty, a Coordinate Bench of this Court also directed the Ld. Court below to endeavour to dispose off the main Petition itself within a period of nine months. Such order of the Coordinate Bench was passed on 1.12.2018, and is set out below -