IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2026 (ARISING OUT OF SPECIAL LEAVE PETITION (C) NO. 11512 OF 2025)
DISHA GUPTA ...APPELLANT(S)
VERSUS
GAURAV BATRA ….RESPONDENT(S)
O R D E R
Leave granted.
2. Briefly stated, the facts of the case are that appellant herein is
the wife of respondent. Marriage between the parties was solemnised
on 13.07.2016 at New Delhi in accordance with Hindu rites and
ceremonies. Out of wedlock, a male child, namely Master Aaryan, was
born on 12.11.2019. Over time, the marriage between the parties
soured and the appellant left her matrimonial home on 28.07.2022.
Thereafter, on the same day, through police intervention, the appellant
got custody of the minor child. Later, the respondent-husband filed a
guardianship petition bearing No. 87/2022 before the Principal Judge,
Family Court, South East District, Saket, New Delhi, (hereinafter
referred to as ‘Family Court’) under Sections 7 and 25 of the
Guardians and Wards Act, 1890, read with Section 6 of the Hindu
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Minority and Guardianship Act, 1956, seeking custody of the minor
child along with an application under Section 12 of the Guardians and
Wards Act, 1890 for interim custody and visitation rights.
3. The Family Court, by order dated 05.08.2024, while rejecting the
relief of interim custody of the minor child to the respondent, provid...