Neha Bagai vs Madhav Bagai on 24 November, 2023

Introduction

On November 24, 2023, the High Court of Delhi at New Delhi addressed the case of Neha Bagai vs. Madhav Bagai. The petitioner, Neha Bagai, sought the setting aside of a judgment regarding interim visitation rights for their child, Master Daivik Bagai. The judgment under scrutiny was passed by the learned Additional Sessions Judge (SFTC) in Dwarka, New Delhi.

Background

Neha Bagai filed a petition under Section 482 of the Code of Criminal Procedure, 1973, challenging the judgment dated November 7, 2023, by the learned ASJ (SFTC) in C.A. No. 594/2023. The judgment in question dismissed her appeal and upheld an interim order dated August 23, 2023, by the learned MM (Mahila Court) 03, South-West, Dwarka, New Delhi, which granted interim visitation rights of their child to Madhav Bagai, the respondent.

Key Arguments

Petitioner’s Arguments

The petitioner, represented by Ms. Neha Bagai and Ms. Kashish Khurana, argued for the setting aside of the previous judgments, which allowed interim visitation rights to the respondent. The petitioner likely presented reasons why the visitation rights granted were not in the best interest of the child or caused undue hardship.

Respondent’s Arguments

The respondent, Madhav Bagai, did not appear or have representation during this session. Therefore, no new arguments from the respondent’s side were presented in this particular hearing.

Court’s Observations

Justice Saurabh Banerjee noted the petitioner’s request for setting aside the previous judgments and issued a notice to the respondent. The court allowed the petitioner’s request for exemption and acknowledged the necessity for a prompt response from the respondent.

Court’s Decision

The court directed that notice be issued to the respondent by all permissible modes within two weeks, with a returnable date of April 4, 2024. The respondent was given six weeks to file a reply, and the petitioner was allotted four weeks thereafter to file a rejoinder. The matter was scheduled for further hearing on April 4, 2024.

Conclusion

The case of Neha Bagai vs. Madhav Bagai highlights the complexities involved in disputes over child visitation rights. The court’s decision to re-evaluate the previous judgments ensures that both parties have the opportunity to present their arguments comprehensively. The interim order allows for a thorough examination of the circumstances to ensure the best interests of the child are considered. The next steps will be crucial in determining the final outcome of this ongoing legal matter.

Ref: https://indiankanoon.org//doc/118246878/

Leave a Reply

Your email address will not be published. Required fields are marked *