SURBHI SRIVASTAVA vs AMIT SRIVASTAVA

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision:14th June, 2024

+ CM(M) 2799/2024
SURBHI SRIVASTAVA ….. Petitioner
Through: Ms. Lakshana Oberoi, Mr. Brijesh Oberoi and Ms. Garima Oberoi, Advocates alongwith petitioner in person
versus
AMIT SRIVASTAVA ….. Respondent
Through: Mr. Rajesh Srivastava and
Mr. Gaurav Verma, Advocates
CORAM:
HON’BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T (oral)
CM APPL. 35345/2024 (Exemption)
1. Allowed, subject to all just exceptions.
2. The application is disposed of.
CM(M) 2799/2024
3. The present petition under Article 227 of the Constitution of India has been filed by the Petitioner against the Order dated 01.06.2024 vide which, she has been allowed the custody of master Aryan from 10am on 14.06.2024 till the noon of 19.06.2024, on which date, she is directed to handover the custody to the respondent at Dehradun.
4. It is submitted that the Petitioner may be granted increased access and the number of days of interim custody be extended since it is the summer vacation.
5. Learned counsel appearing on behalf of the respondent, who has appeared with the child and the father, submits that the child has expressed his dis-inclination to be in the custody of the Mother on being examined on four separate occasions. The child is now 14 and a half years old and has tuitions for Class 10. Therefore, his custody may not be extended. The child, who is present in the Court has also expressed his dis-inclination to the interim custody, which has been granted vide the impugned Order.
6. Submissions heard.
7. Considering that the child is not inclined, so no interference in the impugned Order is called for. However, in case the child is willing to extend his time with the Mother, the same may be informed to the respondent at least two days in advance.
8. The petitioner, who is present in person in the Court has submitted that the respondent causes immense disturbances by making calls at least 14 to 15 times a day.
9. The respondent submits that he has been making a call only once a day and also undertakes not to make repeated calls to the child during his stay with his Mother.
10. The Petition is accordingly disposed of.

(NEENA BANSAL KRISHNA)
JUDGE
JUNE 14, 2024/PT

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