ASHISH BATHLA vs SHIKHA BATHLA

Judgment text excerpt

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 3rdApril, 2025 + CM(M) 3931/2024 ASHISH BATHLA .....Petitioner Through: Ms. Meenakshi Jain and Mr. Gautam Kapur, Advocates. versus SHIKHA BATHLA .....Respondent Through: Ms. Supriya Manan, Advocate along with respondent in person. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. A very short point is involved in the present petition. 2. The petitioner has filed a Guardianship Petition under Guardian and Wards Act, 1890 seeking his appointment as guardian of his minor son, who is, presently, around eight years old. 3. The birthday of his such son falls on 26.11.2024 and in order to celebrate his birthday, he moved an application before the learned Trial Court and wanted the birthday to be celebrated either on 01.12.2024 or on 02.12.2024. 4. Since, the next visitation was scheduled for 08.12.2024, the learned Judge, Family Court, instead of granting a separate visitation for the purposes of celebration of such birthday, directed that the visitation scheduled for 08.12.2024 be suitably extended and, therefore, the visitation hours which were otherwise from 3:30 P.M. to 6:00 P.M were extended from 3:30 P.M to 8:00 P.M. 5. Such order is under challenge. 6. Learned counsel for petitioner, in all fairness, submits that the purpose Signature Not Verified Digitally Signed CM(M) 3931/2024 1 By:SONIA THAPLIYAL Signing Date:04.04.2025 15:08:06 of the visitation has become frustrated as the petitioner wanted to celebrate birthday immediately after 26.11.2024 and the learned Judge, Family Court has rather clubbed his existing visitation with the ‘special visitation’ which is the petitioner was seeking for birthday-celebration. 7. Unfortunately, nothing could be done as when the matter was taken up on 28.