Disposed

Sri Naveen Prakash F v. Smt Bharathi R

Karnataka HC5 Aug 2024WP/13452/2023

Case brief

AI extract

What is this about?

Father challenged rejection of his application for temporary custody/visitation of his daughters in a guardianship case. The High Court granted structured visitation every Sunday in the mother's presence at a public place and directed interim maintenance and school fee payments.

What did the court decide?

Visitation every Sunday 4-6 p.m. in mother's presence at a public place; Rs.6,000/month maintenance and Rs.1,00,000/year school fees till further orders.

Sri Naveen Prakash F Vs Smt Bharathi R — Child Custody and Guardianship | Karnataka HC (2024)

¶1

¶2

NC: 2024:KHC:31186 WP No. 13452 of 2023

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 5^TH DAY OF AUGUST, 2024

¶5

BEFORE

¶6

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 13452 OF 2023 (GM-FC)

¶7

BETWEEN:

¶8

SRI.NAVEEN PRAKASH F., S/O R. FRANICS, AGED ABOUT 44 YEARS OCCUPATION TRAVEL AGENT R/AT NO. 45/A, K.H.RANGANATH COLONY, JAG JEEVAN RAM NAGAR, BENGALURU – 560 018

¶9

…PETITIONER

¶10

(BY SRI. RAJESH K.S., ADVOCATE)

¶11

AND:

¶12

Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA

¶13

SMT. BHARATHI R., EX. W/O NAVEEN PRAKASH. F AGED ABOUT 38 YEARS OFFICE AT WORKING AS JUNIOR ACCOUNTANT, EMPLOYE NO.182, DEPARTMENT OF ACCOUNTS VYDEHI HOSPITAL AND RESEARCH CENTRE NO.82, EPIPA AREA, WHITE FIELD, BENGALURU – 560 066

¶14

…RESPONDENT

¶15

(BY DR.PAUL E. BAYNES, ADVOCATE)

¶16

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE I ADDL. SENIOR CIVIL JUDGE, BENGALURU RURAL DIST. AT BENGALURU ON I.A.NO.2 IN G AND WC NO. 12/2022 DATED: 10/04/2023 VIDE ANNEXURE-C.

¶17

THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶18

¶19

NC: 2024:KHC:31186 WP No. 13452 of 2023

¶20

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

¶21

ORAL ORDER

¶22

The present writ petition is filed aggrieved by the orders passed on I.A.No.2 in G &WC.No.12/2022 dated 10.04.2023 by

¶23

the I Additional Senior Civil judge, Bengaluru Rural District, Bengaluru, the father is before this court.

¶24

The father had filed G&WC.No.12/2022 seeking custody of the children and he filed an application seeking temporary custody of the minor children during weekends and holidays till disposal of the petition. The court has observed that earlier I.A.No.1 which is filed by the father was rejected as per the order dated 04.02.2023. On going through to the affidavit filed by the petitioner in support of the present application, the court do not find any changed circumstances to entertain and allow the application and accordingly the trial court had rejected the application. Aggrieved thereby the present writ petition is filed.

¶25

This court on 24.04.2024, 25.04.2024 and on 08.07.2024 had passed the following orders which reads as follows:

¶26

¶27

NC: 2024:KHC:31186 WP No. 13452 of 2023

¶28

Order dated 24.04.2024 reads as follows:

¶29

In spite of an order passed by this Court, the respondent has not come up with any instructions with regard to the pending school fees etc.

¶30

Dr.Paul E Baynes, learned counsel submits that he has received NOC and filed vakalath recently for the respondent. It appears that the respondent wants to delay the matter.

¶31

The order impugned in this writ petition is in I.A.No.2 dated 10.04.2023 passed in G and WC No.12/2022. Earlier the petitioner has filed a petition to appoint him as a guardian. The said application was dismissed by order dated 04.02.2023 and the Court below has observed that there are no changed circumstances and accordingly dismissed the petition.

¶32

Aggrieved thereby, father is before this Court. Learned counsel appearing for the petitioner submits that the mother along with kids left in the year 2016. Until now the father is not permitted to meet the children. He submits that the Court below without even understanding and going into the fact that the children also require the love and affection of the father and on the ground that there are no changed circumstances, has dismissed the petition.

¶33

Looking at the fact that the father could not even see the children from such a long time, in that back drop, this Court deems it appropriate to direct the mother to be present before this Court along with the kids on 25.04.2024 at 2.00 p.m. in the Chambers. The father shall also be present.

¶34

List this petition on 25.04.2024 at 2.00 p.m.

¶35

Order dated 25.04.2024 reads as follows:

¶36

On 24.04.2024 considering the submission of the learned counsel for the petitioner/husband that he has not seen the children for long time, this court directed the mother to be present before this court along with the kids and also directed the father to be present today. Both the father, mother and children are present before this court. Mother submits that she has been taking care of the kids and from the last five years the father has not made any efforts to see the children. Now all of a sudden if the children are asked to go with the father, they are not comfortable to go. The husband submits that he is ready

¶37

4 - NC: 2024:KHC:31186 WP No. 13452 of 2023

¶38

to pay an amount of Rs.1,00,000/- towards the school fee. He submits that his salary is Rs.50,000/-, out of that he has to support his old age parents and also take care of other things and he will be left with no money and he cannot pay any other amount.

¶39

2. Coming to the visitation rights, the father has not seen the children from last five years. Considering three factors, this court deems it appropriate to grant visitation rights as follows:

¶40

i) On 28^th April, 2024, 5^th May 2024, 12^th May 2024, 19^th May 2024, 26^th May 2024 and 30^th May 2024 the father can meet both the children in a public place in the presence of the mother.

¶41

ii) It is submitted that they are going to the church at Kormangala and they will be completing the prayers by 1.30 p.m. Father can exercise the visitation rights between to 1.30 p.m. to 6.00 p.m, the mother can accompany the children.

¶42

iii) On any one Sunday in the dates mentioned at point No. (i) father along with his family members can meet the children.

¶43

iv) By the next date of hearing, the father shall pay an amount of Rs.1,00,000/- towards school fee and shall submit before this court what is the amount he is ready to pay for the maintenance of the children. Basing on that further orders will be passed

¶44

Post this matter on 04.06.2024 as part heard in the chambers at 2.00 p.m.

¶45

Order dated 08.07.2024 reads as follows:

¶46

This court by order dated 25.04.2024 had permitted the father to exercise the visitation rights on 28^th April 2024, 5^th May 2024, 12^th May 2024, 19^th May 2024, 26^th May 2024 and 30^th May 2024, the father can meet both the children in a public place in the presence of the mother. In that it is also ordered that the father shall pay an amount of Rs.1,00,000/-towards school fee and submit before this court what is the amount he is ready to pay for the maintenance of the children.

¶47

Both the mother and father have their own story to say about what happened on the visitation. Both are blaming on each other. The Father says that the children are not at all looking at him and the mother is instructing them not to look at the father. The mother denies the same. She submits that because the children are seeing

¶48

5 - NC: 2024:KHC:31186 WP No. 13452 of 2023

¶49

the father after a long time, they are not able to talk at that time.

¶50

It is the case of the husband that initially on two occasions children were good with him. On third occasion they did not co-operate. Then he wanted to give Rs.1,00,000/- but she denied to take it in the public place. Today when the matter came up before this court, he has given a cheque of HDFC Bank bearing No.”000056” dated 08.07.2024 for an amount of Rs.1,00,000/-. When it comes to maintenance how much he is ready to pay, he submits that he will come up with instructions on the next occasion.

¶51

Considering the same, this court is of the view that, the father can exercise the visitation rights on 14^th and 21^st of July, 2024 (Sundays) between 4.00 p.m. to 8.00 p.m. in a park near to mother’s house and she should communicate the location to the father. If mother do not facilitate this visitation to go on smoothly the court would be compelled to pass orders on the next date of hearing.

¶52

By the next date of hearing, the father shall submit before this court what is the maintenance he is going to pay for the children. This also will be considered while passing the further orders.

¶53

Delete from the caption “part heard”.

¶54

Post this matter on 22.07.2024.

¶55

Today when the matter came up, learned counsel for the petitioner/father submits that the mother at any point of time had not raised any claim with regard to the maintenance and she has been taking care of the maintenance of the children and now when the husband has come before this court seeking interim custody/visitation, the mother had come up with these kind of applications. It is submitted that the father is getting a salary of Rs.50,000/- and he can only pay maintenance of Rs.6,000/- per month. He has some health

¶56

6 - NC: 2024:KHC:31186 WP No. 13452 of 2023

¶57

ailments, so he cannot afford to pay the school fees of the children. It is submitted that the mother is able to pay an amount of Rs.1,50,000/- for each child per annum and the husband is not financially sound to bear all this. It is submitted that the father is interested to meet the children and his right cannot be denied. The family court on the ground that there is no changed circumstances had dismissed the petition which is illegal and contrary to the settled law. The father is entitled to have the visitation, there need not be any changed circumstances and such a finding of the court is bad. The father is entitled for the visitation, particularly considering the fact that grandparents want to see the children.

¶58

Learned counsel appearing for the respondent/mother

¶59

submits that all though mother have been taking care of the children and the father had never voluntarily came up and never taken care of the day to day expenses of the children. It is submitted that the mother is never objecting for visitation of the Father. According to the learned counsel for the mother, they are only showing interest in respect of the first child but not in respect of the second child, this kind of a tendency would create psychological disturbance for the second daughter.

¶60

7 - NC: 2024:KHC:31186 WP No. 13452 of 2023

¶61

According to him, in all the photographs that are filed, they are only showing interest as far as the first girl is concerned, but not the second one. There was no interaction between the children and the father from 2016, suddenly, if they are made to take home and as of now the children are not interested to meet the father and in fact they are not able to recognise him, as immediately after the younger one is born, mother was thrown out of the house. It is submitted that as far as the visitation is concerned she has no objection for the father to exercise the visitation in her presence.

¶62

Learned counsel appearing for the petitioner/father submits that only with an intention to prejudice the mind of the court, such submissions are made and the father is not showing any difference between the first child and the second child.

¶63

Having heard the learned counsels on either side, perused the entire material on record. Right from the year 2016 both the daughters are staying away from the father. This G&WC is filed in the year 2022. From 2016 to 2022, no efforts are made by the father to meet the children. In 2022, earlier when he had moved an application for visitation that was

¶64

8 - NC: 2024:KHC:31186 WP No. 13452 of 2023

¶65

dismissed. Now questioning the order that is passed on 10.04.2023, the husband is before this court. After the orders are passed and this court on several occasions has interacted with the both parties in the chambers and as per orders passed by this court, the father could exercise visitation rights. When the mother is taking care of both the children, whether she has filed an application or not, when the father wants to see the children, when he shows lot of affection towards the children, it is not only the right of the father to meet the children but he has an obligation to maintain them. The contention of the learned counsel for the father that the mother had never asked for maintenance is not a ground and this shows about the conduct of the father.

¶66

Now a submission is made before the court stating that the father is earning an amount of Rs.50,000/- but he can pay only an amount of Rs.6,000/- per month towards the maintenance and he wants to meet the children every weekend that is, after eight years as his aged parents wants to see the children. Nobody can deny the right of the father to meet the children and also the right of the children to have the love and affection of the father. But unfortunately in this case the father

¶67

¶68

NC: 2024:KHC:31186 WP No. 13452 of 2023

¶69

is only speaking about his rights but not about his duties. When this court has insisted he had paid an amount of Rs.1,00,000/and he submits that he will pay an amount of Rs.6,000/- as maintenance per month. The mother had not filed any application so far and the liberty is given to the mother to make an appropriate application before the Family Court. Pending disposal of that, the father can visit the children in the presence of the mother in any public place on every Sunday between 4.00 P.M. to 6.00 P.M. The father has stated that he can pay an amount of Rs.1,00,000/- as school fee per annum. The father shall continue to pay Rs.1,00,000/- as school fee and till further orders are passed by the court, as it is submitted before the court that he is ready to pay an amount of Rs.6,000/- per month , he shall continue to pay. In the light of the above discussion, this court is passing the following.

¶70

ORDER

¶71

i. The father is permitted visit the children in the presence of the mother in any public place on every Sunday between 4.00 P.M. to 6.00 P.M. ii. The father shall pay an amount of Rs.6,000/per month as maintenance to the wife. The father shall continue to pay Rs.1,00,000/- as

¶72

10 -

¶73

NC: 2024:KHC:31186 WP No. 13452 of 2023

¶74

school fee per annum till further orders are passed by the court on the application of wife.

¶75

iii. Accordingly, the writ petition is disposed off .

¶76

iv. All I.As., in the writ petition shall stand closed.

¶77

SD/(LALITHA KANNEGANTI)

¶78

JUDGE

¶79

TS List No.: 1 Sl No.: 37

Sri Naveen Prakash F v. Smt Bharathi R

Case brief

What is this about?

What did the court decide?

Sri Naveen Prakash F v. Smt Bharathi R

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri Syed Asad Ahmed Vs Sri B D Pattabhiraman

Mr S Vinod Martin Vs Mrs M Shalini

Sri. Swamy H.J., Vs Smt. Sanjana G L

Mr.Rushabh J Soni Vs Mrs.Depika Shekhawat

Smt Ashwini C Vs Sri Venkataravanappa v

Smt. Sujatha Shanthakumar, Vs Sri Ananthashayanam Thiru Murthy