GAUTAM MEHRA vs SONIA MEHAR

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 28.10.2025 Judgment pronounced on: 18.11.2025 + MAT.APP.(F.C.) 255/2024, CM APPL. 46006/2024, CM APPL. 60829/2024, CM APPL. 70567/2024, CM APPL. 47323/2025 & CM APPL. 47324/2025 GAUTAM MEHRA .....Appellant Through: Ms. Malavika Rajkotia, Mr. Mayank Grover and Ms. Sara Singh, Advocates with Appellant in person. versus SONIA MEHRA .....Respondent Through: Mr. Prashant Mendiratta, Ms. Neha Jain, Ms. Vidhi Bangia, Ms. Sneha Mathew, Ms. Avni Soni, Ms. Aamya and Ms. Vaishnavi Saxena, Advocates with Respondent in person CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. The issue which arises for consideration in the present Appeal is whether the interim custody and visitation arrangements in respect of the parties’ two minor children, as directed by the Family Court, stand vitiated by failure to apply the paramount welfare test, or by material omission to record and properly weigh the wishes of the Signature Not Verified MAT.APP.(F.C.) 255/2024 Page 1 of 17 Signed By:JAI NARAYAN Signing Date:18.11.2025 10:48:44 children, so as to require appellate interference under Section 19 of the Family Courts Act, 1984 [hereinafter referred to as “FC Act”]. 2. The present Appeal assails the correctness of order dated 07.08.2024 [hereinafter referred to as “Impugned Order”] passed by the learned Family Court, whereby interim custody of the two minor children of the parties was directed to be with the Respondent-mother, subject to conditions contained therein, while granting defined visitation rights to the Appellant-father. FACTUAL MATRIX 3. The brief facts leading to the filing of the present Appeal, as pleaded, are that the marriage between the par