DINESH KUMAR SHARMA, J. - (1.)CM (M) 47/2022 has been filed challenging the impugned order dtd. 22/12/2021 passed by learned Judge, Family Court, South-East District, Saket in Guardianship Petition no.8/2021 titled as "Abhishek Ahuja v. Aditi Bakht" insofar as restrain the petitioner from removing her minor child, namely, Anaaya Ahuja from Delhi. A further prayer has been made that order dtd. 21/8/2021 also be quashed insofar as it restrains the petitioner from removing the minor child Anaaya Ahuja from Delhi. The petitioner has also prayed for transfer of the proceedings in Guardianship Petition no.8/2021 titled as "Abhishek Ahuja v. Aditi Bakht" and all pending applications therein pending before Sh.Sanjeev Kumar Singh, learned Judge, Family court, South-East District, Saket to any other court. A prayer has also been made for the release of Canadian passport bearing no.GA340868 held by the petitioner and Canadian passport bearing no. AM039545 held by the Petitioner's minor daughter Anaaya Ahuja.
(2.)While this petition was pending, the learned Judge, Family Court decided the Guardianship Petition No.8/2021 titled as "Abhishek Ahuja v. Aditi Bakht" vide order dtd. 4/3/2022 and granted the following rights/access to the respondent father with the minor child:
(i) The applicant/petitioner shall have visitation rights with the minor child on every Wednesday and Friday at his parents' home from 3.00 p.m. to 6.00 p.m.

(ii) The applicant/petitioner shall also be entitled to overnight stay of minor child Anaaya at his parents' home on every 2nd and 4th Sunday. On every 2nd and 4th Saturday, the applicant shall take custody of the minor child Anaayafrom the respondent/mother at 10.00 a.m. in the morning and shall handover custody of the minor child to non-applicant/ respondent on every 2nd and 4th Sunday at 6.00 p.m. respectively. (iii) During long holidays, vacations extending more than two weeks, the minor child shall remain to be in the custody of the applicant/petitioner and his parents for three days and the petitioner shall also be entitled to travel outside Delhi along with the minor child likewise the respondent shall also be entitled to travel outside Delhi alongwith the minor child on such holidays/vacations when the minor child shall remain in the custody of the respondent.

(iv) During summer vacations, the minor child shall remain to be in the custody of the applicant/petitioner and his parents for a period of 15 days as per the convenience of the child and the petitioner will also be entitled to travel outside Delhi alongwith minor child. Here it is also ordered that during summer vacations when the minor child shall remain in the custody of the respondent, she will also be entitled to travel outside Delhi along with the minor child.

(v) On festivals, the petitioner shall be at liberty to get the minor daughter from 1.00 p.m. to 6.00 p.m.

(vi) On minor daughter's birthday, the petitioner shall be at liberty to get the minor daughter from 2.30 p.m. to 6.30 p.m. On petitioner's birthday, petitioner's family's birthday, the petitioner shall be at liberty to get the minor daughter for four hours as per the convenience of the child.

(vii) The petitioner and his family members shall also be at liberty to drop, accompany and pick the child to and from her school on Thursday. (viii) The petitioner shall also be permitted to attend all the meetings/occasions/celebrations at the minor daughter's school including but not limited to parent-teacher meeting. The respondent shall share all the communications from the minor daughter's school including but not limited to the curriculum, school schedule etc.

(ix) The petitioner shall also be entitled to have interaction through video call with the minor child for atleast 30 minutes everyday as per convenience of the child.

(3.)The petitioner mother aggrieved of this filed CM(M) No.211/2022 challenging the impugned order predominantly on the ground that the impugned order dtd. 4/3/2022 focused solely on the rights of the father and his family ignoring the comforts of the minor child. It has been stated that the minor child has lived alone with the mother since she was 18 months old and is heavily dependent on her mother and has never been separated from her. The child has slept in the same bed as her mother since she was a few weeks old and still wakes up frequently at night looking to her mother for comfort. The petitioner has stated that separating the minor child from the mother for overnight visitation or vacation is sudden, drastic and would have a negative impact on the psyche and comfort of the minor child.