AMRITESH JATIA vs VIDHI JATIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 17.06.2026 Judgment delivered on: 22.06.2026 + MAT.APP.(F.C.) 210/2026, CM APPL. 38906/2026 & CM APPL. 38907/2026 AMRITESH JATIA .....Appellant Versus VIDHI JATIA .....Respondent Advocates who appeared in these cases For the Petitioner : Ms. Geeta Luthra, Sr. Advocate with Mr. Aadarsh Kothari and Ms. Aparna Bhadoria, Advocates. For the Respondents : Ms. Manali Singhal, Ms. Shreya Singhal and Ms. Aanchal Kapoor, Advocates. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA HON'BLE MS. JUSTICE MADHU JAIN JUDGMENT TEJAS KARIA, J 1. The present Appeal has been preferred under Section 19 of the Family Courts Act, 1984 (“Act”), assailing the order dated 26.05.2026 (“Impugned Order”) passed by the learned Family Court, South District, Saket Courts, New Delhi (“Family Court”) in HMA No. 1774/2023 (“Divorce Petition”). MAT.APP.(F.C.) 210/2026 Page 1 of 10 Signature Not Verified Signed By:NEELAM SHARMA Signing Date:22.06.2026 14:56:19 2. By the Impugned Order, the learned Family Court dismissed the Appellant’s application under Section 26 of the Hindu Marriage Act, 1955 (“HMA”), seeking interim custody of the minor children while they are in London, United Kingdom, from 28.06.2026 to 05.07.2026 (“Interim Application”). 3. Ms. Geeta Luthra, learned Senior Counsel for the Appellant, submitted that the learned Family Court permitted the Respondent to act unilaterally, without any prior discussion with or consent of the Appellant in relation to the custody of the children during the summer vacation. It was further submitted that the Impugned Order is contrary to the record, inasmuch as it fails to consider the bona fides of the Appellant, who had first informed the Respondent of his proposed trip to London with the children for a