Pratik Bose Vs Smita Guha Roy — Matrimonial and Divorce | Delhi HC (2025)

Pratik Bose Vs Smita Guha Roy — Matrimonial and Divorce | Delhi HC (2025)

What the court decided

AI extract

Outcome

Appeal disposed of with an agreed interim visitation arrangement operative until the appellant's pending interim application is decided by the learned Family Court: appellant drops the minor children at the respondent's residence every Sunday at 12 noon; respondent takes them to weekly classes at Ramakrishna Mission, R.K. Ashram Marg, New Delhi before 5:00 p.m.; appellant picks them up thereafter; compensatory visitation rights for the respondent upon prior intimation if a Sunday class is skipped. Arrangement expressly made without prejudice to the parties' rights and contentions and subject to modification by future orders of the learned Family Court.

Issue for consideration

Whether an interim arrangement should be put in place enabling the respondent (mother) to interact with the minor children during the interregnum, while the appellant's interim application under Section 12 of the Guardian and Wards Act, 1890 remains pending and unconsidered before the learned Family Court.

Court's answer

Till the appellant's interim application is decided by the learned Family Court, the parties agreed that the appellant will drop the children at the respondent's residence every Sunday at 12 noon, the respondent will drop them at Ramakrishna Mission, R.K. Ashram Marg, New Delhi before 5:00 p.m. for their weekly classes, and the appellant will thereafter pick the children up from there.

Ratio / Principle

If, for any reason, the children do not attend the Ramakrishna Mission classes on any Sunday, prior intimation will be given to the respondent and appropriate compensatory visitation rights will be granted to her.

Key takeaways

The aforesaid arrangement was made without prejudice to the rights and contentions of the parties and will govern them till the disposal of the appellant's pending interim application before the learned Family Court, whereafter the parties will be governed by the order passed by the learned Family Court.ratio¶17
It remains open to the learned Family Court to pass appropriate orders in accordance with law, which may also amount to modifying the interim arrangement directed vide this order.ratio¶20

Detailed headnote1 paragraphs

Delhi High Court (Hon'ble Ms. Justice Rekha Palli with Hon'ble Mr. Justice Saurabh Banerjee), MAT.APP.(F.C.) 356/2024 and CM APPL. 63936/2024, order dated 15.01.2025: Appeal by the father (Pratik Bose) under Section 19 of the Family Courts Act, 1984 against non-grant of interim orders on his interim application under Section 12 of the Guardian and Wards Act, 1890 pending before the Family Court, South East District, Saket (G.P. No. 75/2024), disposed of by consent-based interim visitation directions — appellant to drop the minor children at the respondent-mother's (Smita Guha Roy) residence every Sunday at 12 noon; children taken to weekly classes at Ramakrishna Mission, R.K. Ashram Marg, New Delhi before 5:00 p.m.; appellant to collect them thereafter; prior intimation and compensatory visitation rights if a Sunday class is missed. Arrangement expressly without prejudice to parties' rights and contentions, governing until the Family Court decides the pending interim application, whose subsequent orders may modify or supersede it.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

- MAT.APP.(F.C.) 356/2024 and CM APPL. 63936/2024 –Int. dir.

PRATIK BOSE

.....Appellant Through: Mr. Prabhjit Jauhar and Ms. Shreya Narayan, Advocates with appellant in person. Versus

SMITA GUHA ROY

.....Respondent Through: Mr. Saurabh D. Karan Singh, Mr.Sanjay Shisodia and Mr. Akash Kumar, Advocates with respondent in person.

CORAM: HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R % 15.01.2025

The present appeal under Section 19 of the Family Courts Act, 1984 has been filed by the father of the minor child who was the petitioner in G.P. No. 75/2024 pending before the learned Family Court, South East District, Saket, New Delhi being aggrieved by the non-grant of interim orders to him on his interim application under Section 12 of the Guardian and Wards Act, 1890.

On 17.12.2024 after this Court had interacted with the minor children, the appellant was permitted to drop the minor children at the respondent’s residence at 10.30 am on 06.01.2025 and 09.01.2025 and pick them up from

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 14:53:54

the school at 05.00 pm on both days.

We are informed that pursuant to the said order, the meeting of respondent with the children took place on 06.01.2025 and 09.01.2025 satisfactorily.

Today, learned counsel for the parties submit that the appellant’s interim application is yet to be considered and therefore, even though the parties can await the outcome of the interim application pending before the learned Family Court, some interim arrangement may be put in place so that the respondent can interact with the children during the interregnum.

After some discussions, the parties agree that till the appellant’s interim application is decided by the learned Family Court, the appellant will drop the children at the respondent’s residence on every Sunday at 12 noon from where the respondent will drop the children at Ramakrishna Mission, R.K. Ashram Marg, New Delhi before 5:00 p.m. for their weekly classes. The appellant will thereafter pick up the children from Ramakrishna Mission, R.K. Ashram Marg, New Delhi. We further make it clear that in case for any reason, the children are not intending to attend classes Ramakrishna Mission, R.K. Ashram Marg, New Delhi on any Sunday, prior intimation will be given to the respondent and appropriate compensatory visitation rights will be granted to her.

While disposing of the appeal with the aforesaid directions, we make it clear that the aforesaid arrangement has been made without the prejudice to the rights and contentions of the parties and will govern the parties till the disposal of the appellant’s pending interim application before the learned Family Court, whereafter the parties will be governed by the order as may be passed by the learned Family Court. Needless to state that it will be open

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 14:53:54

for the learned Family Court to pass appropriate orders in accordance with law which may also amount to modifying the interim arrangement directed vide this order.

REKHA PALLI, J

SAURABH BANERJEE, J

JANUARY 15, 2025/ uk

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 14:53:54