Preety Vaid vs Anand Vaid on 28 July, 2017

$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAT.APP.(F.C.) 127/2017 and CM No.26404-05/2017

PREETY VAID ….. Appellant
Through : Mr. Gurinder Pal Singh, Advocate

versus

ANAND VAID ….. Respondent
Through : None.
CORAM:
HON’BLE MS. JUSTICE HIMA KOHLI
HON’BLE MS. JUSTICE DEEPA SHARMA
ORDER

% 28.07.2017

1. The appellant/wife is aggrieved by an order dated 12.5.2017 passed
by the learned Family Court, North-West, Rohini, Delhi granting her
visitation rights to meet the minor child of the parties aged 12 years on the
third Saturday of every month between 3 pm to 4 pm in the children’s room
at the Family Court, Rohini.

2. The grievance of the appellant is that she is a permanent resident of
District Sambalpur, Orissa and after travelling all the way from there to
Delhi on a monthly basis, she gets to meet her son only for one hour which
is too little time for her to interact with him.

3. Mr. Singh, learned counsel for the appellant states that under the
impugned order, learned Family Court has disposed of the appellant’s
application under Section 25 read with Section 12 of the Guardians and
Wards Act, 1890 whereunder, she had sought interim custody of the minor
child, leaving her remediless.

MAT.APP.(F.C.) 127/2017 Page 1 of 2

4. In view of the fact that the minor child is school going and has been
permanently residing in Delhi, we do not find any infirmity in the
observations made in the impugned order that initially, the appellant should
be permitted to meet the child on a monthly basis. This is all the more so,
since the appellant had allegedly been thrown out of her matrimonial home
in January, 2016, while the child has remained in Delhi with the father.
However, having regard to the submission made by counsel for the
appellant, as noted above, the present appeal is disposed of with liberty
granted to the appellant to approach the learned Family Court for seeking
modification of the order dated 12.5.2017, by requesting that the period of
the monthly visitation may be increased to at least a couple of hours.
Thereafter, if the minor child is comfortable with the appellant and wants to
meet her more often for a longer period, the appellant can always approach
the Family Court for further modification of the order.

5. The appeal is disposed of, along with the pending applications.

HIMA KOHLI, J

DEEPA SHARMA, J
JULY 28, 2017/sk/rkb

MAT.APP.(F.C.) 127/2017 Page 2 of 2

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