SONALI JAIN vs DHEERAJ CHAUHAN & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 04.11.2025 Judgment pronounced on: 21.11.2025 + MAT.APP.(F.C.) 35/2024 SONALI JAIN .....Appellant Through: Mr. Anuj Jain, Mrs. Monika Aggarwal, Mr. Jai Gaba, Mr. Ashish Sapra and Mr. Dinesh Kumar, Advs. versus DHEERAJ CHAUHAN & ANR. .....Respondents Through: Mr. Anil Dagar along 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, in the facts and circumstances of this case, the welfare and best interest of the minor son would be better served by transferring his permanent custody from the Respondent-father to the Appellant- mother, who already has custody of the elder minor daughter, or whether the arrangement directed by the learned Family Court, whereby each parent retains custody of one child, ought to be maintained. Signature Not Verified MAT.APP.(F.C.) 35/2024 Page 1 of 13 Signed By:SAVITA PASRICHA Signing Date:21.11.2025 16:15:45 2. The present Appeal, filed by the Appellant-mother, assails the correctness of Judgment dated 18.09.2023 [hereinafter referred to as “Impugned Judgment”] passed by the learned Family Court, whereby the Family Court directed that the custody of the minor daughter, Devangana, shall remain with the Appellant-mother, while the custody of the minor son, Yohan, shall remain with the Respondent-father. The Appellant seeks limited interference to the extent that the permanent custody of the minor son, Yohan, be also entrusted to her, contending that the arrangement directed by the Family Court fragments the natural bond between siblings and that the welfare, emotional stability, and holistic development of