RICHA SUREKA vs AKHIL KUMAR SUREKA

Judgment text excerpt

$~4(14.04.2025) * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 15.04.2025 + MAT.APP.(F.C.) 383/2023 & CM APPL. 66698/2023 RICHA SUREKA .....Appellant Through: Mrs. Vandana Kejrewal, Adv. versus AKHIL KUMAR SUREKA .....Respondent Through: Mr. NP Singh, Mr. Barun Dey & Mr. Amrit Singh, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE RENU BHATNAGAR NAVIN CHAWLA, J. (Oral) 1. The matter is taken up today as 14.04.2025 was declared as a holiday on account of birthday of Dr. B.R. Ambedkar. 2. This appeal has been filed challenging the Order dated 04.09.2023 passed by the learned Judge, Family Court, South West District, Dwarka Court, Delhi (hereinafter referred to as “Family Court”) in GP No. 79 of 2022 titled Akhil Kumar vs. Surekha, directing that the girl child, who is now around eleven years old, shall be allowed physical interaction with the respondent/father on 3rd Saturday of every month, post the clearance of the arrears of the maintenance, under the supervision of the counsellor at the Children Room at Family Court, Dwarka, for one hour between 2:00 PM to 3:00 PM. 3. The learned counsel for the appellant submits that the appellant along with the girl child have been residing separately from the Signature Not Verified Signed By:VIJAYA MAT.APP.(F.C.) 383/2023 Page 1 of 6 LAKSHMI DOBHAL Signing Date:23.04.2025 15:14:10 respondent since the year 2016. She further submits that earlier, the respondent had filed a guardianship petition, being GW No. 58 of 2017, before the learned Family Court at Faridabad, which he withdrew on 20.10.2018. The learned Family Court in the said order had observed that the permission to file a fresh petition is not granted, however, the respondent may, if permitted by law, file the same. 4. She submits that pursua