Writ petition filed by the mother challenging an interim custody order granting weekend custody to the father. The Court observed the merits of collecting evidence via photographs negatively. The petition was dismissed as frivolous.
Writ petition dismissed. All interim applications in the petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 17232 OF 2024 (GM-FC)
BETWEEN:
ASWINI KANTHARAJ, D/O M. KANTHARAJ, W/O TEJASWI V., AGED ABOUT 39 YEARS, RESIDING AT NO. 161 6th A MAIN, REMCO LAYOUT, VIJAYANAGAR, 2nd STAGE, BANGALORE , HAMPINAGAR, KARNATAKA 560 104
…PETITIONER
(BY SRI. PRAVEEN S., ADVOCATE)
AND:
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
SRI. TEJASWI V., S/O K.N. VIJAYAKUMAR, AGED ABOUT 40 YEARS, R/AT 43, 4th CROSS, TIRUMALA NIVAS, HMT LAYOUT, MATHIKERE BANGALORE 560 054
…RESPONDENT
(BY SMT. RASHMI GEORGE, ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER OF INTERIM CUSTODY DATED. 25.04.2023 IN G AND WC NO.
NC: 2024:KHC:38974 WP No. 17232 of 2024
186/2023 PENDING ON THE FILE OF HONBLE PRINCIPAL JUDGE FAMILY COURT BANGALORE ANNEXED AS ANNEXURE-E AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
The Writ Petition is filed questioning an order passed on I.A.No.2 in G & W.C. No.186/2023 dated 25.04.2024 by the Principal Judge, Family Court, Bengaluru, whereby the trial Court had granted weekend custody of the child on 2nd and 4th Saturday after school hours, till 6 p.m. of Sunday of every month. If Saturday is also holiday, then the father is entitled to have weekend custody of child after school hours. As per the order, the father shall pick up the child from the residence of the mother and drop the child back to the house of the mother after weekend custody and also the parties can also mutually agree for some other arrangement for pickup and dropping of child during weekend custody by considering their convenience. The father is also entitled for overnight custody of child during half of holidays and vacation, when such holidays are
continuously for more than 4 days. Both the parties were directed to see that his arrangement of weekend custody would be cordial and do not affect the child. If for any reason, weekend custody could not be taken or given on a particular week, the same shall be postponed to next week. The father shall also see that this weekend custody arrangement do not affect studies and also extra curricular activities of child. In the best interest of the child, both the parties were advised not to discuss about their matrimonial disputes with the child. Aggrieved by the same, the mother is before this Court.
mother submits that as per the photographs filed by them before this Court whenever the father is having the interim custody, he is not taking care of the boy. He is leaving the boy to play for himself and sitting somewhere and there is no communication. According to the mother, proper hygiene is not maintained in the house and the photographs of the wash room also filed. It is also submitted that the father is talking about disputes between the parties, which are not in the interest of the minor. It is the case of the mother that the minor is not
NC: 2024:KHC:38974 WP No. 17232 of 2024
comfortable in spending time with the father. If the Court interacts with the minor, the true facts will come to light.
father had also filed photographs stating that the boy is having good time with the father and the mother is instructing him to take the photographs and all the time, the boy is on phone. It is submitted that even before the trial Court also, in the interaction Court has observed that the boy is tutored by the mother. It is submitted that the father is taking care of the boy and the photographs are also filed to show the same.
comfortable. The heights of this case is a boy who is aged 6 years, is given a phone. So that he will take the photographs and he will send it to the mother. The submissions that have made on behalf of the petitioner/mother are not the reasons for this Court to pass any order or to take contrary view than what has been taken by the trial Court. This is the writ petition filed by the mother and this Court is not inclined to go in any of the allegations that are stated by the father and the mother shall not come up with this kind of frivolous petition without any basis. Accordingly, this Court is passing the following:
ORDER
(ii) All IAs. in the petition shall stand closed.
SD/(LALITHA KANNEGANTI) JUDGE
KA
List No.: 1 Sl No.: 5
3 issues framed by the court
Whether the interim custody order of the Family Court granting weekend custody to the father should be set aside due to allegations of neglect of the minor child by the father.
Whether the practice of the child taking photographs with a mobile phone to send to the mother indicates negligence affecting the best interests of the child.
Whether the High Court should interfere with the Family Court's custody arrangement based on frivolous allegations without substantive evidence.
Aswini Kantharaj
Sri. Tejaswi V.
Lalitha Kanneganti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
