$~78 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAT.APP.(F.C.) 30/2025 & CM APPL. 2340/2025 –Visitation rights ABHAY KUMAR .....Appellant Through: Mr.Hitendra Nath Rath & Ms.Laxmi, Advs. versus PRIYA PRAKASH .....Respondent Through: CORAM: HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 23.01.2025 1. After some arguments, learned counsel for the appellant submits that since while passing the impugned order, the learned Family Court has not dealt with prayer nos.(ii) to (v) sought in the application, he may be granted liberty to approach the learned Family Court by way of an appropriate application for adjudication of the remaining prayers made in the application. “ii. Pass an order for granting overnight visitation of the Petitioner with both children on all weekends, during summer vacations, session break, winter vacations, pooja/ festive vacations, and all school vacations lasting more than 3 days: iii. Pass an order allowing the Petitioner to communicate with his children via telephone and video call every day without interference of the Respondent and her parents creating any impediments in such communication; iv. Pass an order to allow the paternal grandparents of the Children to have unfettered access to their both This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/01/2025 at 12:03:46 grandchildren, thereby removing the current limitation of once a month; v. Pass an order granting visitation right to the Petitioner with his both children on their respective birthdays;” 2. Having perused the impugned order, we find that the same does not refer to the above-noted prayers made by the appellant in the application. 3. We, therefore, find merit in the appellant’s plea that the prayers set out as prayer nos. (ii) to (v), have not been considered by the learned Family Court. We, accordingly, grant the appellant leave to withdraw the present appeal with liberty to approach the learned Family Court by way of an appropriate application, which application, as and when moved, will be considered on its own merit. 4. The appeal alongwith the pending application is, accordingly, dismissed as not pressed with liberty as prayed for. REKHA PALLI, J SAURABH BANERJEE, J JANUARY 23, 2025 kk This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/01/2025 at 12:03:46