DEEPTI BHANDARI versus NITIN BHANDARI & ANR.

DEEPTI BHANDARI versus NITIN BHANDARI & ANR.

The father and his parents may meet the minor child in Delhi on all weekends and take her out for the day, subject to her willingness, returning before 6pm. Transfer of cases from Jaipur to Delhi is granted, and petitioner must ensure the child's access to her father as per court order.

Parties
Petitioner: Deepti Bhandari; Respondent: Nitin Bhandari; Respondent in Person: Indu Malhotra; Respondent in Person: Harish Pandey; Respondent in Person: Vivek Jain; Respondent in Person: C. Chandra; Respondent in Person: Dr. Kailash Chand; Respondent in Person: Mukul Kumar; Respondent in Person: Prashant Bhagwati; Respondent in Person: Pragati Neekhra
Jurisdiction
India
Judgment Date
14 December 2011
Procedural Posture
Special Leave Petition (criminal) and Transfer Petition (civil) / Final Order on SLP and Transfer Petitions
Outcome
Special Leave Petition and Transfer Petitions allowed. Earlier visitation order modified.
Legal Topics
Visitation Rights, Transfer of Matrimonial Proceedings, Guardianship
Family Law Child Welfare Visitation Rights Transfer of Matrimonial Proceedings Guardianship

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Parties

Deepti Bhandari

Petitioner

Nitin Bhandari

Respondent

Indu Malhotra

Respondent in Person

Harish Pandey

Respondent in Person

Vivek Jain

Respondent in Person

C. Chandra

Respondent in Person

Dr. Kailash Chand

Respondent in Person

Mukul Kumar

Respondent in Person

Prashant Bhagwati

Respondent in Person

Pragati Neekhra

Respondent in Person

Procedural Posture

Special Leave Petition (criminal) and Transfer Petition (civil) / Final Order on SLP and Transfer Petitions

Legal Issues

  1. 1 Whether visitation rights should be modified to accommodate the child's relocation to Delhi
  2. 2 Whether transfer of matrimonial and guardianship cases from Jaipur to Delhi is justified

Ratio Decidendi

The father and his parents may meet the minor child in Delhi on all weekends and take her out for the day, subject to her willingness, returning before 6pm. Transfer of cases from Jaipur to Delhi is granted, and petitioner must ensure the child's access to her father as per court order.

Court Disposition

Special Leave Petition and Transfer Petitions allowed. Earlier visitation order modified.

Orders

  • Respondent No.1 and his parents may meet the minor child every Saturday in New Delhi between 10.00 a.m. and 6.00 p.m.
  • If the child is willing, respondent may take her out for the day and return her to the petitioner within 6.00 p.m.