Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Fresh Appeal
CA No. 232/2026
Sunny Rana vs. Ashok Rana
23.09.2026
Regular Addl. PP for the State is on leave today.
Fresh appeal is received by way of assignment. It be
checked and registered as per rules.
Present : Sh. K. D. Pachauri, Ld. Subst. Addl. P.P. for the State.
Sh. Sarthak Tomar, Ld. Counsel for appellant
alongwith appellant.
1. The appellant has filed the present appeal u/s 29 of
Protection of Women from Domestic Violence Act, 2005 against
the Order dt.10.02.2026 passed by the Court of Ld. JMFC
(Mahila Court-02), District North-West, Rohini Courts, Delhi.
2. Heard. Perused and considered.
3. Ld. Counsel for the appellant submits that the appellant
is complainant before the Ld. Trial Court. He submits that during
the pendency of the proceedings before the Ld. Trial Court, an
application under Section 21 of the D. V. Act came to be filed on
behalf of respondent no.1, who is the husband of the
complainant. He submits that the Ld. Trial Court vide the
impugned Order disposed off the said application by passing
certain directions regarding the visitation rights granted in favour
of the said respondent no.1. Ld. Counsel submits that an
application under Section 21 of the D. V. Act can only be moved
by the aggrieved person, and not by the respondent. Ld. Counsel
then submits that the child is aged about 14 years, studying in
10th class, and that she is not interested in meeting her father. He
submits that the Ld. Trial Court has failed to consider interest of
the child while passing the impugned Order.
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4. Ld. Counsel has explained the facts the case and
grounds of seeking setting aside of aforesaid impugned Order.
5. It is noted that Section 21 of the D. V. Act provides for
custody orders. As per this provision, temporary custody of child
can be granted to the aggrieved person or to any other person on
her behalf, with arrangement for visitation by the respondent.
Thus, though custody of child cannot be granted in favour of the
respondent, visitation rights can be created in his/her favour.
6. It is noted that the impugned Order was passed on
10.02.2026 and in this regard, an application for condonation of
delay in filing of the present revision petition has also been filed.
7. Upon appellant taking steps within 7 days, issue notice
of the appeal and application for condonation of delay to the
respondent through ordinary process and Speed Post/RC,
returnable for 17.01.2027.
(Sachin Mittal)
ASJ-03, District North-West,
Rohini Courts, Delhi
23.09.2026
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