Delhi High Court – Orders
Kumar Gaurav Gupta vs Divya Gupta on 20 June, 2025
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAT.APP.(F.C.) 226/2025
KUMAR GAURAV GUPTA .....Appellant
Through: Mr. Prabhjit Jauhar, Ms. Shreya
Narayan, Ms. Tulika Bhatnagar and
Ansh Goel, Advocates.
versus
DIVYA GUPTA .....Respondent
Through: Mr. Prashant Mehandiratta, Ms.
Poonam Mehandiratta and Mr. Sahil
Giri, Advocates.
Respondent in Person along with Ms.
Smita Gupta (Mother) and (Brother).
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE RAJNEESH KUMAR GUPTA
ORDER
% 20.06.2025
1. This hearing has been done through hybrid mode.
CM APPL. 36796/2025 (for exemption)
2. Allowed, subject to all just exceptions. Application is disposed of.
MAT.APP.(F.C.) 226/2025 & CM APPL. 36795/2025 (for stay)
3. This is an appeal filed by the Appellant – Kumar Gaurav Gupta under
Section 19 of the Family Courts Act, 1984 against the judgment and order
dated 9th June, 2025 passed by the Court of Sh. Arun Sukhija, Ld. Judge,
Family Court, West District, Tis Hazari District Courts, Delhi in G.P. No.
38/2024, whereby interim overnight custody of the minor children has been
This is a digitally signed order.
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The Order is downloaded from the DHC Server on 25/06/2025 at 21:29:09
granted to the Respondent-Mother.
4. One of the major allegations made by the Appellant-Father is that the
wife is in an adulterous relationship and the children cannot be allowed to stay
with her during the last ten days of the summer vacations in terms of para 7
(b) of the impugned order which reads as under:
“7. Considering the entire peculiar facts and
circumstances of the present case, it is ordered as
under:-
********
b) For the last 10 days of Summer Vacations and for the
last 4 days of Winter Vacations, the minor children shall
remain with respondent and in view of the same, the
aforesaid arrangement from aforesaid Saturday to
Sunday, as mentioned hereinabove in point-(a) shall
remain suspended for the remaining Summer and
Winter Vacations.”
5. The Court is, at this stage, not inclined to disturb this arrangement
during the vacations. However, in order to assuage any apprehensions of the
Appellant-Father, it is made clear that whenever children are permitted to stay
with the mother, she would live in her parental house i.e., House No. 37, Road
No. 6, Punjabi Bagh East, New Delhi, where her mother and brother’s family
are residing.
6. The mother of the Respondent is present in Court and she has assured
the Court that she would take care of the children when the children are in the
custody of the Respondent. Secondly, the children would be permitted to
make video calls with the Appellant-Father on a daily basis at least for half an
hour.
7. Thirdly, 28th June is stated to be the birthday of Master Shaurya Gupta
(minor son of the parties). Accordingly, though 28th June, 2025 is a Saturday,
This is a digitally signed order.
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The Order is downloaded from the DHC Server on 25/06/2025 at 21:29:09
for the said date, the arrangement is modified to the effect that on 28th June,
2025, the children would be handed over to the Appellant-Father at 3:00 PM
and they shall be handed over back to the mother, the next morning on 29th
June, 2025 by 11:00 AM. All the remaining conditions in the impugned order
are not interfered with and thus shall be complied with by the parties.
8. List before the Roster Bench on 28th July, 2025.
PRATHIBA M. SINGH
(VACATION JUDGE)
RAJNEESH KUMAR GUPTA
(VACATION JUDGE)
JUNE 20, 2025/jb/nd/Ar.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 25/06/2025 at 21:29:09