ABHISHEK MEENA vs PROMILA ABHISHEK MEENA

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 14.12.2023

+ CM(M) 1282/2023
ABHISHEK MEENA ….. Petitioner
Through: Ms.Shreya Singhal and Ms.Mhasi Keditsu, Advs.

versus

PROMILA ABHISHEK MEENA ….. Respondent
Through: Ms.Preeti Singh, Mr.Sunklan Porwal, Ms.Saumya Dwivedi and Mr.Rishabh Munjal, Advs. along with respondent in person.

CORAM:
HON’BLE MR. JUSTICE NAVIN CHAWLA

NAVIN CHAWLA, J. (ORAL)

1. This petition has been filed by the petitioner praying for the following reliefs:
“a. Pass a direction to the Learned Principal Judge, to expeditiously hear and dispose of the suit filed by the Petitioner bearing CS NO. 1/2019 titled “Abhishek Meena v. Promila Abhishek Meena” pending in the Court of Mr. Harish Dudani, Principal Judge, Family Court, Patiala House Courts, New Delhi.
b. Pass a direction to the Learned Principal Judge, to expeditiously hear and dispose of the interim application filed by the Petitioner in CS NO. 1/2019 titled “Abhishek Meena v. Promila Abhishek Meena” pending in the Court of Mr. Harish Dudani, Principal Judge, Family Court, Patiala House Courts, New Delhi.
c. Pass an appropriate order granting visitation rights to the Petitioner every second and fourth weekend in a month along with overnight access for such period.”

2. It is the grievance of the petitioner that though the petitioner has filed an application seeking visitation rights over the child, the same has not been adjudicated upon and has been pending since the last four years before the learned Principal Judge, Family Courts, Patiala House Courts, New Delhi (hereinafter referred to as ‘Family Court’).
3. The learned counsel for the respondent submits that, in fact, the reasons for the delay are attributable to the petitioner and also to the fact that the parties were trying to explore the possibility of arriving at an amicable settlement.
4. Be that as it may, as the application filed by the petitioner seeks visitation rights over the child, and with each passing day there evolves a prejudice not only against the petitioner but also to the child who is deprived of the company of his father, with the consent of the learned counsel for the respondent, therefore, this petition is disposed of, requesting the learned Family Court to expedite the adjudication of the application filed by the petitioner seeking visitation rights over the child.
5. With the consent of the learned counsel for the respondent, who has taken instructions from the respondent, who is present in court in person, the petitioner shall be allowed to have access/visitation to the child on 16.12.2023 between 3 PM and 4.30 PM in the Children’s Room attached to the Family Court, Patiala House Courts, New Delhi, and thereafter on every alternate Saturday starting from 06.01.2024 between 11 AM and 1 PM. The Supervisor of the Children’s Room shall make an endeavour to ensure that the child is comfortable so that the respondent may leave the child in the custody of the petitioner during this visitation.
6. This arrangement shall continue till 31.01.2024 or till further Orders as directed by the learned Family Court on hearing the parties and seeing the further progress made during such visitation process. The Family Court shall adjudicate on the application remaining uninfluenced by any observation made by this Court in the present order.
7. In case the respondent wishes to file any reply to the applications filed by the petitioner seeking visitation rights over the child, the same be filed within a period of three weeks from today, failing which the right of the respondent to file such reply shall stand closed.
8. The petition is disposed of in the above terms.

NAVIN CHAWLA, J
DECEMBER 14, 2023/ns/RP

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CM(M) 1282/2023 Page 3 of 3