The Single Bench of the Delhi High Court in the case of Amit Kaushik vs Kavita consisting of Justice Dinesh Kumar Sharma observed that custody orders are always interim in nature and are liable to be modified considering the interest of the child.
Facts
The petition was filed challenging the impugned order whereby the respondent was directed to hand over interim custody of the minor child to the petitioner.
Contentions Made
Petitioner: It was contended that at the time when this order was passed, the child was aged around three and half years old, who is now 14 years old and studying in Arwachin International School in the 9th standard. It was also contended that the mother lost all interest and had not been coming forward to meet the child. It was also contended that this Court had stayed the operation of the impugned order and thereafter it had ordered a temporary arrangement that the petitioner will take the child on every working Saturday from 2 pm to 5 pm where respondent would be allowed to have free access and meeting with the child. Subsequently, this order was slightly modified whereby the respondent-mother was permitted to continue to meet the child on every Saturday from 1.00 to 5.00 pm.
Observations of the Court
The Bench noted that ten years had already passed since the order and observed that:
“Custody orders are always interim in nature and are liable to be modified taking into account the interest of the child. The interest of the child is a dynamic concept depending upon the age, education and other such attendant circumstances. Thus, this court considers that in the interest of both the parties and in the paramount interest of the child, let this order be not given effect to. The respondent-mother may move a fresh application u/s 12 of the Guardian and Wards Act, 1890 if, she so desires before the learned Trial Court. The learned Trial Court shall decide the same in accordance with law without being influenced by the impugned order. It is also pertinent to note that the child namely Dhuv Narayan Kaushik is present in the Court and I have briefly interacted with him. However, it is made clear that nothing contained herein amounts to an expression on the merits of the case.”
It opined that the visitation rights granted by the impugned order were related to the summer vacations and thus, the petition had become infructuous.
Judgment
The Bench disposed of the petition. However, it clarified that the visitation rights granted will remain effective till eight weeks or till any fresh visitation orders were made by the learned Trial Court. It further directed that in case the respondent-mother did not move any application for visitation rights/ interim custody of the child during this period, the petitioner-father shall be absolved of producing the child in compliance of the visitation orders passed by this Court and the visitation rights as granted by this Court shall stand suspended.
Case: Amit Kaushik vs Kavita ;
Citation: CM(M) 175/2012, CM APPL. 20553/2022
Bench: Justice Dinesh Kumar Sharma
Decided on: 17th August 2022
Read Judgment ;
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