HITESH MEHTA vs PRIYA MEHTA

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 04.08.2025 Judgment pronounced on: 13.08.2025 + MAT.APP.(F.C.) 278/2025, CM APPL. 47034/2025, CM APPL. 47035/2025, CMAPPL. 47036/2025 & CM APPL. 47037/2025 HITESH MEHTA .....Appellant Through: Mr. Hemant Jain, Mr. Naman Jain, Mr. Arpit Sharma and Mr. Karan Ahuja, Advs. versus PRIYA MEHTA .....Respondent Through: Nemo. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. The Appellant assails the correctness of the Order dated 19.05.20251 passed by the learned Family Court, Delhi, whereby the Guardianship Petition filed under Section 25 of the Guardians and Wards Act, 18902, seeking permanent custody of his minor child, Master Shaurya, was dismissed. The Family Court, however, granted the Appellant limited visitation rights, restricted to the first and third Saturday of each month, between 3:00 P.M. and 5:00 P.M., within the Children’s Room at the Court premises. 1 Hereinafter referred to as ‘Impugned Order’ 2 Hereinafter referred to as ‘the Act’ Signature Not Verified Signed By:SAVITA PASRICHA MAT. APP.(F.C.) 278/2025 Page 1 of 8 Signing Date:14.08.2025 13:01:09 FACTUAL MATRIX: 2. The brief facts leading to the present Appeal, as pleaded, are that the marriage between the parties was solemnized on 11.11.2016 in accordance with Hindu rites and ceremonies in Delhi. Out of the said wedlock, a male child was born on 11.04.2018, who was diagnosed with the medical condition of clubfoot at birth, which condition was duly treated and cured within two to three years through consistent medical care. 3. The case of the Appellant, before the Family Court, was that despite occasional matrimonial discord between the parties, particularly during th