HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Civil Miscellaneous Appeal No. 889/2021

Lt. Col. Gurmeet Singh S/o Shri Inderjit Singh, Aged About 43
Years, R/o 25/2, Lake East, 6 th Road, Kolkata-700075 Mob:
9836064159, Email gur.singh611@gmail.com.
----Appellant
Versus
Dr. Rekha Rathi @ Dr. Rekha Singh W/o Lt Col Gurmeet Singh,
Flat No. 102, Plot No. C-119A Pearl Sugeetam Apartment Mangal
Marg, Bapu Nagar, Jaipur-302015 Mob: 9001833330, Email
rekharathi10@gmail.com
----Respondent

For Appellant(s) : Mr. Bharat Bhushan Pareek Advocate

through Video Conferencing.

HON'BLE MRS. JUSTICE SABINA

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Judgment / Order

07/05/2021

Appellant has filed the appeal challenging the order dated

30.03.2021.

Learned counsel for the appellant has submitted that the trial

court has erred in dismissing the application moved by the

appellant seeking a direction that respondent should bring the

child to the court on each date of hearing.

Appellant got married to the respondent on 03.03.2014.

Parties were blessed with a daughter out of the said wedlock.

However, parties are having matrimonial dispute. Appellant has

filed an application under Sections 7 and 25 of the Guardians and

Wards Act, 1890. During the pendency of custody case filed by the

appellant, he moved an application for interim relief. The matter

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travelled upto the Hon’ble Supreme Court. It was ordered by the

Hon’ble Supreme Court vide order dated 30.09.2020 (Annexure-3)

that appellant may contact his daughter by audio/video

conferencing facility twice a week i.e. every Wednesday and

Sunday commencing from Monday, 5/10/2020. It was further

ordered that the respondent would see to it that the appellant is

able to converse with the child for half an hour on each date until

further orders. So far as the said order is concerned, contempt

proceedings are pending before the Hon’ble Supreme Court.

Thereafter, appellant filed another application seeking a

direction to the respondent to bring the child to the Court on each

date of hearing. Vide impugned order dated 30.03.2021, the said

application has been dismissed by the Family Court.

Learned Family Court has rightly dismissed the application

moved by the appellant keeping in view the fact that in these days

of Corona pandemic, it would not be appropriate to direct the

respondent to bring the child to the Court premises on each date

of hearing. It has also been noticed by the learned Family Court

that contempt proceedings are pending before the Hon’ble

Supreme Court in pursuance to the order dated 30.09.2020

Annexure-3.

No ground for interference is made out.

Dismissed.

(MANOJ KUMAR VYAS),J (SABINA),J

Sanjay Kumawat-8

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