The Delhi High Court has refused to interfere with a Family Court order granting a father 16 days of exclusive summer vacation custody of his 11-year-old daughter. The court held that disputes regarding alleged violations of earlier custody directions must be decided separately in pending contempt proceedings and cannot be used to challenge a custody order.
Background of the Case
The appeal was filed by the mother against an order passed by the Family Court, Shahdara, which granted the father exclusive custody of their minor daughter from June 15 to June 30, 2026, during the summer vacation.
The custody dispute has been pending since 2018. Earlier proceedings had resulted in supervised visitation arrangements before a Child Counsellor at the Delhi High Court Mediation Centre. The mother argued that the Family Court ignored this supervised framework while granting uninterrupted summer custody.
She also alleged that the father had violated conditions imposed during winter vacation custody earlier in the year and contended that the child was unwilling to stay overnight with him because of that experience.
Court's Observations
A Division Bench of Justice Tejas Karia and Justice Madhu Jain noted that the mother's allegations regarding the father's conduct during the winter custody period were already the subject of pending contempt proceedings.
The bench observed,
"The violations of Court directions shall be considered by the Contempt Court and cannot be agitated in this Appeal arising out of custody order."
The judges further pointed out that the Family Court had personally interacted with the child before passing the custody order. They also noted that the High Court had earlier restored the Family Court's authority to independently decide the father's application for summer vacation custody.
Emphasising the welfare of the child, the court observed,
"The minor child has a right to meaningful time with both her parents."
It added that repeatedly approaching courts immediately before vacation periods to delay custody exchanges could ultimately harm the child's relationship with both parents.
Decision
Finding no substantial reason to interfere with the Family Court's order, the Delhi High Court dismissed the appeal.
The bench clarified that all allegations relating to the father's alleged non-compliance with previous court directions would continue to be examined in the pending contempt proceedings, where the mother remains free to raise all her grievances.
No order was passed regarding costs.
Case Details
Case Title: Dr. G. Aggarwal v. Dr. M. Aggarwal
Case Number: MAT.APP.(F.C.) 211/2026
Court: Delhi High Court
Bench: Justice Tejas Karia and Justice Madhu Jain
Decision Date: June 15, 2026
-300x169.webp)
