Tara Vitasta Ganju, J
CM No.872/2023[Application filed on behalf of the Appellant under Section 151 CPC seeking interim stay]
1. The present application has been filed by the Appellant inter-alia for stay of the operation of the order dated 23.03.2022 passed in Cont. Cas(C) 400/2021 and Cont. Cas(C) 908/2021, filed by the parties (hereinafter referred as “the Impugned Order”).
1.1 By order dated 10.02.2022 and the Impugned Order, the learned Single Judge has granted visitation to the Respondent No. 1 on the 1st and 3rd Saturday of every month from 10 AM to 6 PM on each visit. The learned Single Judge has continued the already existing orders for visitation passed by the Family Courts at Saket Courts, New Delhi.
2. The Appellant, who appears in person has inter-alia filed the present application alleging that during the visitation, on 20.11.2022, the Respondent No. 1 had shown certain objectionable photographs to the minor child while he was alone with her.
2.1 The Appellant submits that usually, during the visitation, Respondent No. 1 takes the minor child to J-171, Sarita Vihar, New Delhi where the Respondent No. 1 resides along with his sister and brother-in-law /Respondent Nos. 2 and 3 respectively, and that this incident took place there.
2.2 The Appellant therefore submits that in view of this incident and past incidents, the visitation rights as granted to the Respondent No. 1 be stayed, to safeguard the well being of the minor child.
3. Learned Counsel for the Respondent No. 1, Mr. P. Banerjee, challenges the maintainability of the present Appeal and the ensuing application inter-alia on the ground that the impugned order is not an appealable order under the provisions of Clause 10 of the Letters Patent. He further states that allegations stem from parental alienation syndrome triggered by the Appellant, and that the minor child is being influenced against the father i.e., Respondent No. 1.
3.1 Learned Counsel for Respondent No. 1 further submits that the visitation rights granted by the Family Court have been sustained by this Court, time and again, and that the stay of the Impugned Order shall prejudice the rights of the Respondent No. 1.
4. As noted in our order dated 09.01.2023, Respondent No. 1 had even before notice was issued in this application, filed a short reply dated 03.01.2023 along with documents, inter-alia, alleging that the accusations made in the present Application are an afterthought and a counterblast to the Guardianship Petition filed by the Respondent No. 1 before the Family Courts at Saket Courts, New Delhi. Furthermore, Respondent No. 1 has also leveled various allegations against the Appellant in his reply.
4.1 In the Rejoinder dated 16.01.2023, the Appellant has reiterated the contents of the Contempt Petition and leveled counter allegations against Respondent No. 1.
4.2. Respondent No.1 has also filed an additional affidavit on 21.01.2023 specifically stating that the allegations in paragraph 5 of the application are incorrect and denied. The additional affidavit has been filed after the filing of the Rejoinder.
5. Having regard to the allegations and counter allegations and keeping in mind the welfare of the minor child, we deem it appropriate that an independent child counsellor(s) be appointed to interact with the minor child. We are of the opinion that the appointment of a child counsellor(s) is called for given what is stated above and the the nature of allegations made in the present application.
6. We had, during the course of the proceedings on 23.01.2023, discussed the factum of appointment of an independent child counsellor with the parties.
6.1 Therefore, keeping in mind the best interest of the minor child, we appoint Dr. Amit Sen, Director, Senior Child & Adolescent Psychiatrist and Ms. Priya Ahluwalia, Clinical Psychologist (hereinafter referred as “Counsellor(s)”), Children First Institute, A2/35, Ground Floor, Safdarjung Enclave (Near Greenfield School), New Delhi-110029, Email ID: kayenat.jauhar@childrenfirstindia.com as Counsellor(s) to interface with the child.
6.2 The Counsellor(s) shall schedule to meet with the minor child and/or both parents individually or separately as deemed fit. For this purpose, the parents shall visit the office of the Counsellor(s) on 06.02.2023 at 4:30 PM with the minor child.
6.3 The Counsellor(s) shall submit an Interim Report in a sealed envelope to the Court latest by February 20, 2023. Inter-alia the Counsellor(s) will opine whether it would be safe to continue with Respondent No. 1's visitations rights as before, given allegations made in the application.
6.4 The Counsellor(s) shall endeavour to conclude the evaluation within six weeks from the date of receipt of the order.
6.5 The Counsellor(s) will submit their Final Report once the evaluation is complete.
6.6 Since, the Appellant has submitted that she is unable to share the expenses concerning the counselling sessions, Respondent No. 1 has consented to bear the entire burden.
6.7 The Counsellor(s) shall be paid a lumpsum fees of Rs.29,000/- for the entire counselling/valuation and submission of Interim/Final Reports. The payment shall be made by the Respondent No. 1 in two equal installments; the first installment will be paid on or before 10.02.2023 while the second installment will be paid latest by 05.03.2023.
6.8 The Parties shall cooperate with the Counsellor(s) for implementation of the directions as set forth hereinabove.
7. The Registry is directed to dispatch a copy of this order and CM No.872/2023 to the abovementioned address.
8. The visitation rights accorded to Respondent No.1. by the Impugned Order will remain in abeyance, to enable completion of the evaluation by the Counsellor(s), as indicated above. We make it clear that this direction, in no way would impact or prejudice the rights of either party qua the main matter i.e., the Appeal.
8.1 The Application is disposed off. The parties will act based on a digitally signed copy of this order.
LPA 603/2022
9. We are informed that the Family Court at Saket Courts, New Delhi is hearing the Guardianship Petition No. 48/2012, titled “Sh. Vineet Taneja v. Smt. Ritu Taneja”, which is next listed on 17.04.2023 for final arguments. Keeping in mind the present situation, we request the Judge, Family Court at Saket Courts, New Delhi to pre-pone the date and try to hear and conclude the matter at the earliest.
9.1 The Registry is also directed to send a copy of the order to the Family Courts Judge before whom the Guardianship Petition No. 48/2012 is pending and next listed on 17.04.2023.
10. List the Appeal on 22.02.2023.
