- (1.) This order shall dispose of two petitions bearing CR No.7486 of 2013 titled as "Mrs. Daksha Bhardwaj v. Dr. Anmol Sethi and others" (hereinafter referred to as the "first petition") and CR No.187 of 2014 titled as "Dr. Anmol Sethi and another v. Mrs. Daksha Bhardwaj and another" (hereinafter referred to as the "second petition") being inter-connected. The marriage of Dr. Anmol Sethi (hereinafter referred to as the "husband") with Daksha Bhardwaj (hereinafter referred to as the "wife") was performed as per the Hindu Rites at Delhi on 16.02.2010. They were blessed with a baby girl on 28.10.2010 who is named as "Ameera". The husband is MBBS, DMRD (Diploma in Medical Radio Diagnosis), whereas the wife is a Bachelor in Economics and P.G. Diploma holder from National Institute of Fashion Technology, Delhi and presently working as Vice President, South Asia, in a Multi National Company. Both the husband and wife are living separately w.e.f. 13.03.2013.
(2.) The husband along with his parents, namely, his father Ashwani Sethi and mother Dr. Sneh Lata, who are aged about 70 years and 69 years respectively, filed a petition in the Family Court at Gurgaon for the custody of his minor child Ameera under the provisions of the Guardian and Wards Act, 1890 (hereinafter referred to as the "Act"). He also filed an application for interim custody of the minor child alleging that they have great attachment with the child and the grandparents miss her badly but the wife is not allowing them even to talk to her. Thus, it was prayed that interim custody of the minor be given to them till the disposal of the main petition and appropriate orders be passed to take the minor child to their house to spend at least 3 days in a week and direct the wife to leave the child in their custody in case she goes out of country for her office assignment. The Family Court passed an interim order on 09.09.2013 in the following manner:- "Respondent appeared and moved an application for grant of permission to be represented by a counsel. Heard. In view of the grounds mentioned in the application, the application is allowed. Shri M.K. Dang, Advocate has filed Power of Attorney on behalf of the respondent. Shri D.C. Gupta, Advocate has filed fresh Power of Attorney on behalf of the petitioners. There are chances of amicable settlement between the parties. The matter is referred to Medication and Conciliation Center, Gurgaon. The report of Mediation and Conciliation Center is awaited for 01.11.2013. parties are directed to appear before Mediation and Conciliation Center today itself. At this stage, the petitioners have pressed for granting of Visitation Rights to meet the minor daughter. In the interest of justice, the petitioners are granted following visitation rights till further order:- Petitioners shall have the custody of the minor (Ameera Sethi) every Saturday from 10.00 AM to 07.00 PM. On every Saturday, petitioner no.1 shall pick up the child from the residence of respondent at 10.00 AM and shall drop the child at 07.00 PM on the same day."
(3.) On 01.11.2013, an application was filed on behalf of the wife seeking direction to the family of the husband to peacefully avail the visitation rights and not to harass her and the minor Ameera. It was alleged in the application that on 19.10.2013, the husband took the child from the house of the wife at 10.00 AM and the child was dropped back by Shri Ashwani Sethi, father of the husband. It came to the notice of the wife that the husband left for UK on the same day, i.e. 19.10.2013 at about 1.00 PM and his mother Smt. Sneh Lata Sethi was also out of town and the only person available in the family was the 70 years old father of the husband and the minor was very much disturbed, tired and harassed. This application was contested by the husband by filing reply dated 25.11.2013. However, the said application was later on not pressed by the wife and ultimately, the impugned order was passed on 02.12.2013, modifying the earlier order dated 09.09.2013, in the following manner:- "Petitioners shall have the custody of the minor (Ameera Sethi) every 1st and 3rd Saturday from 10.00 AMto 7.00 PM and on every 2nd and 4th Saturday, the petitioner shall have the custody of the child from 3.00 PM on Saturday to 10.00 AM on coming Sunday. It is made clear that on the night of 2nd and 4th Saturday, the minor shall stay with the petitioners. Any of the petitioners shall pick up the child from the residence of respondent and shall drop the child at the residence of respondent after availing the visitation rights." The application for interim custody of minor child is disposed of accordingly.";