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2024 DIGILAW 351 (PNJ)

Sourabh Soni v. Nitika Dhir

2024-02-06

GURBIR SINGH

body2024
JUDGMENT Gurbir Singh, J. - CM-1951-C-II-2024 in CM-12902-C-H-2023 : This is application under Section 151 CPC for placing on record copy of application filed by Ms. Nitika Dhir, under Section 26 of the Protection Women from Domestic Violence Act, 2005, before the Court of learned Additional District Judge, UT, Chandigarh, as Annexure A-3. 2. For the reasons mentioned in the application, the same is allowed and the aforesaid application (Annexures A-3) is ordered to be taken on record. Registry is directed to tag the same at an appropriate place in the file. 3. The application stands disposed of. CM-12902-C-II-2023 : 4. This is application under Section 151 CPC praying for direction to Ms. Nitika Dhir to get the child examined from some Psychologist, to be appointed by this Court, as the child namely Lakshita may be suffering from psychosomatic problems, as is evident from the messages and audio recordings from 11.07.2023 to 19.07.2023, which has been annexed with this application as Annexure A-1. 5. The brief facts of the case are that husband Sourabh Soni has tiled a petition under Section 13 of the Hindu Marriage Act (for brevity - the Act), for passing a decree of divorce from his wile Nitika Dhii. During pendency of the said divorce petition, husband also filed an application under Section 26 of the Act for grant of visitation rights to him to meet his minor daughter Lakshita. The Court of learned Additional District Judge, Chandigarh passed the order dated 26.05.2023, relevant extract whereof reads as under :- In view of the above said facts and discussion it is directed that after the lapse of seven days from date of passing this order for a period of six months the respondent-wife will provide phone number to facilitate petitioner-husband to make a call including Video Call to daughter Lakshita for-one hour between 7.00 PM to 8.00 PM on every alternate day and respondent-wife will also ,facilitate meeting of minor Lakshita with her father and applicant Sourabh Soni on last Sunday of every month from 10.00 AM to 1.00 PM . fine period of six months from today at place like park, restaurant or any other place where child and parent are comfortable and in case parties foil to determine the said place then same will he determined by Counsel for both the parties in consultation with each other. fine period of six months from today at place like park, restaurant or any other place where child and parent are comfortable and in case parties foil to determine the said place then same will he determined by Counsel for both the parties in consultation with each other. On lapse of six months from date of passing of this order as minor child becomes comfortable with her father then on every Sunday the petitioner-father will take the child from the place of her residence at 10.00 AM and drop her back at 5.00 PM in the evening at the place of her residence." 6. Both the parties have challenged the said order by filing the separate revision petitions. During pendency of the said revision petitions, husband Sourabh Soni has moved the present application bearing all 12902-C-II-2023 for direction to Nitika Dhir to get the child examined from some Child Psychologist as the minor child may be suffering from psychosomatic problems. Wife Nitika Dhir has opposed the application by filing reply. 7. Learned counsel for the applicant-husband has contended that there was sudden change of behaviour of the minor daughter qua the applicant which requires immediate attention in order to avoid any bigger loss to the growth of their daughter and emotions of her father. It was further contended by the counsel that from 11.07.2023 on wards, the applicant found drastic change in the behaviour of his daughter. She sent series of text messages and audio recordings which showed her abnormal behaviour. The child even sent a message that she was hating him and his family. He was the worst person. The further contention of learned counsel for the applicant is that the child is living with her mother under the shadow of broken marriage and suffocated atmosphere. She needs more closeness of her father as she has been forced to live separate from the applicant. The minor is likely to be suffering from parent alienation syndrome. The said negative emotions can harm the minor child mentally as well as physically. It is also brought to the notice of this Court that the applicant sent an e-mail to his wife to take the child to the best Child Psychologist but she did not even bother to reply to his e-mail. 8. Even in the application filed by Ms. It is also brought to the notice of this Court that the applicant sent an e-mail to his wife to take the child to the best Child Psychologist but she did not even bother to reply to his e-mail. 8. Even in the application filed by Ms. Nitika Dhir, under Section 26 of the Protection Women from Domestic Violence Act, 2005, before learned Additional District Judge, Chandigarh, which has been taken on record as Annexure A-3, it has been stated by the mother herself that the minor child repeatedly told her that whenever she meets her father, she get impulse to commit suicide and since the child is already suffering from epilepsy, meeting her father only cause her stress and she gets epilepsy attacks. 9. Learned counsel for wife Nitika Dhir has argued that entire endeavour of his husband is to irritate the minor child so as to annoy her and get a response out of her and then use the same in litigation to show that the minor is having some psychological issues. He coerces the minor child into talking with her by threatening her. He also resorts to practices like making the minor child talk to his friends, to which the child refused. The act and conduct of father Sourabh Soni clearly shows that he does not want to interact with the child out of fatherly love and affection but to distract the child and create additional pressure upon the mother to manage the academic and other affairs of the minor child. It has been further submitted that she never pleaded that the minor has ever stated that the minor child gets an impulse to commit suicide on meeting her father. Rather, he himself has abandoned the minor child for extended periods, not once but twice. The minor child has no psychological problems. The annual report card as well as various other certificates issued to the minor child have been brought on record showing her brilliant performance in academics and co-curricular activities. The father of minor child has not even contributed in any manner towards the maintenance of his daughter. He has sufficient sources at his disposal and has invested considerable amount of money in shares etc. but he cannot spare even a meager amount for the well being of his own minor child. The father of minor child has not even contributed in any manner towards the maintenance of his daughter. He has sufficient sources at his disposal and has invested considerable amount of money in shares etc. but he cannot spare even a meager amount for the well being of his own minor child. It is further argued that father of the minor child was required to file this application before the Trial Court and this application before this Court is not maintainable. This Court cannot pass any order for examination of the minor child by a Psychologist in petition filed under Article 227 of the Constitution of India. 10. I have heard learned counsel for the parties and have gone through the case file. 11. On 03.10.2023, this Court has personally interacted with the minor child in the Chamber of the Court in the presence of Special Secretary attached to the Court. Proceedings regarding interaction were kept in a closed envelope and the parties were allowed to inspect the same. After the interaction it was concluded by this Court that the child is active and smart. She has answered all the questions with cool mind without any stress or anxiety on her face. There is no behavioural abnormality seen. However, mother of the child moved application dated 07.11.2023 under Section 26 of the Protection Women from Domestic Violence Act, 2005, before the Court of learned Additional District Judge, UT, Chandigarh, for seeking relief under Sections 18, 19, 20, 21, 22 and 23 of the Protection Women from Domestic Violence Act, 2005. In para no.5, it is pleaded in the said application that the minor child told her that whenever she meets her father she get impulse to commit suicide. The relevant extract of the said application reads as under :- The minor child Lakshita repeatedly told the respondent applicant that whenever she meets her father she get impulse to commit suicide and since she is already suffering from epilepsy meeting her father only cause her stress and she would get epilepsy attacks." 12. It is also the case of father Sourabh Soni that the minor child told him that on meeting him, she has impulse of committing suicide. 13. No doubt, the minor child is doing very %%ell in her studies. She is having good academic record. It is also the case of father Sourabh Soni that the minor child told him that on meeting him, she has impulse of committing suicide. 13. No doubt, the minor child is doing very %%ell in her studies. She is having good academic record. Her mother is properly looking after her but parents of the minor are at loggerheads. The health of the child is main consideration for the Court to ensure that as a result of matrimonial dispute of her parents, the child might face physical as well as psychological problems, which usually occur in such broken homes. The Court cannot lose sight of the fact that in this advance age, a child of 11 years is fully aware of the things happening around him/her. The child would have or may develop such an impulse which is neither good for the child nor for her parents and not even for the Society. When question of dealing such a child comes, then the only answer is - "handle with care". No doubt, sending a child to a Psychologist may create some stress on the mind of the child but the Court is always to make a balance and in such a situation, bound to choose the lesser evil. Taking care of health of child is priority and above all under such circumstances. When question of welfare of the child comes before the Court, then the Court is within its power to get the child examined and the application filed for this purpose is maintainable before this Court in petition where challenge is to order passed by the Trial Court in the divorce petition regarding visitation rights granted to the father. 14. Keeping in view that the child suffers from no trauma in future on meeting her father and child does not take any extreme step, it is necessary that the child be got examined from a Psychologist, along with the parents. So, the minor child is ordered to be examined by the Head of Department, Department of Psychiatry, PGIMER Chandigarh, by himself or any other competent Doctor assigned by him. It is ordered to examine the minor child along with her parents and give report in this regard to this Court and also opine regarding what would be the best to sub-serve the interest of minor and her welfare. 15. It is ordered to examine the minor child along with her parents and give report in this regard to this Court and also opine regarding what would be the best to sub-serve the interest of minor and her welfare. 15. It is further directed that all the expenses shall be borne by father of the minor child. He shall immediately take a copy of this order, duly attested by the Reader attached to this Court, to the Head of Department, Department of Psychiatry, PGIMER Chandigarh and after getting the appointment from him as per this order, he shall inform well in time to the mother of the minor child, so that without any inconvenience, the minor child may be brought before the concerned Expert for her examination. 16. The application stands disposed of in the aforesaid terms. 17. Report be awaited for 07.03.2024 i.e. the date fixed in both the main revision petitions. Main Case(S) 18. To come up for arguments on 07.03.2024. 19. To be taken up immediately after the urgent cases. 20. A photocopy of this order be placed on the file of other connected case.