Disposed

Smt. Surekha K., v. Sri B M Govinda Gowda

Karnataka HC7 Aug 2024WP/19210/2024

Case brief

AI extract

What is this about?

The High Court modified a Family Court order on visitation rights, transitioning from supervised custody exchange to weekend visits at the Family Court mediation center. The court permitted future applications for unsupervised access if the child becomes comfortable, and disposed of the writ petition accordingly.

What did the court decide?

The operation of the Family Court order regarding visitation rights was modified to grant the father visitation on 1st and 3rd Saturdays at the Family Court mediation center for two months.

Smt. Surekha K., Vs Sri B M Govinda Gowda — Child Custody and Guardianship | Karnataka HC (2024)

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NC: 2024:KHC:31637 WP No. 19210 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 19210 OF 2024 (GM-FC)

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BETWEEN:

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SMT. SUREKHA K., W/O B.M.GOVINDE GOWDA, AGED ABOUT 37 YEARS, RESIDING AT BHATRAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK AND DISTRICT-563 101

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Digitally signed by MEGHA MOHAN

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Location: HIGH COURT OF KARNATAKA

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KUMARI ESHA G.GOWDA D/O B.M.GOVINDE GOWDA, AGED ABOUT 7 YEARS, BEING MINOR REPRESENTED BY THE MOTHER AS NATURAL GUARDIAN RESIDING AT BHATRAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK AND DISTRICT-563 101

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(BY SRI. SURESH BABU B.N., ADVOCATE)

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AND:

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SRI B.M.GOVINDA GOWDA S/O LATE MUNI NANJAPPA, AGED ABOUT 42 YEARS RESIDING AT BANDURU KRISHNAPURA VILLAGE, KEMOBI POST, HUTHU HOBLI, KOLAR TALUK AND DISTRICT-563 101

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…PETITIONERS

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…RESPONDENT

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(BY SRI.GANESHA G., ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE ORDER

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NC: 2024:KHC:31637 WP No. 19210 of 2024

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DATED 26.06.2024 PASSED IN G AND W C 9/2022 PASSED BY THE PRINCIPAL FAMILY JUDGE AT KOLAR WHICH IS PRODUCED AND MARKED AS ANNEXURE-A BY DISMISSING THE IA NO.7.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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ORAL ORDER

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The present writ petition is filed aggrieved by the orders passed on I.A.No.7 in G&WC.No.9/2022 dated 26.06.2024 by the Principal Family Judge, Kolar, whereby the trial court had

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passed an order as follows:

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“The IA No.7 filed by petitioner U/Sec. 151 of CPC r/w Section 10(3) of Family Courts Act, 1984, is partly allowed.

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The order dated 01.04.2023 on IA No.2 is recalled and modified as follows in terms of IA No.7;

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The interim Custody of the child is granted to the petitioner from 10.00 a.m. to 2.00 p.m. on 1^st and 3^rd Sunday of every month, for a period of 6 months or pending disposal of this case, whichever is earlier, in the presence of any female relative of the petitioner and also a lady advocate to be appointed as a Court Commissioner.

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The parties are at liberty to suggest the name of the Advocate to be appointed as Court Commissioner within 10 days from the date of this Order.

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3 - NC: 2024:KHC:31637 WP No. 19210 of 2024

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The respondent shall produce the child before the local police station i.e., Gulpet police Station on every 1^st and 3^rd Sunday of the month to be taken by the petitioner to his interim custody in the presence of one female relative and the Court Commissioner and he shall drop a child at 2.00 p.m. in the same police Station to be picked up by the respondent.

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The SHO of Gulpet Police Station shall assist the petitioner and the respondent in complying with this order.”

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Aggrieved by the arrangement made by the Family Court, the mother is before this court. This court having heard the learned counsel for the mother as well as the father, on 01.08.2024, had directed the father to exercise visitation rights on 3^rd August, 2024 between 1.00 P.M. to 5.00 P.M in the Mediation centre of the Family Court. Today both the parties are present before the court and it is submitted that the visitation went on well, the order of the family court may be modified and this arrangement may be continued.

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Considering the submission of the both the parties, the order of Family Court, Kolar dated 26.06.2024 is modified and the father is permitted to exercise the visitation rights in the following manner.

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NC: 2024:KHC:31637 WP No. 19210 of 2024

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i. The father can exercise the visitation rights on 1^st and 3^rd Saturday from 1.00 P.M to 5.00 P.M at Mediation Centre of the Family court.

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ii. This arrangement shall go on for two months and later once the girl is comfortable and the father wants to takes her out without the mother, for that the father can move an appropriate application before the family court.

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iii. The mother shall co-operate with the father in exercising the visitation rights.

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Accordingly, the writ petition is disposed off .

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SD/(LALITHA KANNEGANTI) JUDGE

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TS List No.: 1 Sl No.: 32

Smt. Surekha K., v. Sri B M Govinda Gowda

Case brief

What is this about?

What did the court decide?

Smt. Surekha K., v. Sri B M Govinda Gowda

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

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