Partly allowed

Smt. Tanuja Madhav v. Sri. Raviraj Chedga

Karnataka HC19 Mar 2024WP/5309/2024

Case brief

AI extract

What is this about?

The High Court modified a Family Court order regarding visitation rights pending school exams until March 30, 2024. The court directed the father to pay immediate school fees and clear arrears of Rs. 5,71,473 within five months, ensuring decent conduct during video calls.

What did the court decide?

Visitation rights suspended until 30.03.2024; father to pay 2024-25 fees immediately and Rs. 5,71,473 arrears within five months; mother to facilitate visitation.

Smt. Tanuja Madhav Vs Sri. Raviraj Chedga — Child Custody and Guardianship | Karnataka HC (2024)

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1 - NC: 2024:KHC:11473 WP No. 5309 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 5309 OF 2024 (GM-FC)

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BETWEEN:

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SMT. TANUJA MADHAV, W/O. RAVIRAJ CHEDGA, AGED ABOUT 40 YEARS, RESIDING AT BRIGADE OMEGA, FLAT NO.A306, SEGMENT ONE, 80TH ROAD, OPP. TURUHALLI FOREST, BHARATH HOUSING SOCIETY LAYOUT, SUBRAMANYAPURA, BANGALORE SOUTH, BENGALURU, KARNATAKA- 560062.

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…PETITIONER

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(BY SRI. ARCHANA K.M., ADVOCATE)

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AND:

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Digitally SRI. RAVIRAJ CHEDGA, signed by SUVARNA T S/O P.K.CHEDGA, Location: AGED ABOUT 44 YEARS, HIGH RESIDING AT "PRITHVI CLASSIC", COURT OF FLAT NO.304, 19TH CROSS, KARNATAKA 20TH A MAIN, SMS LAYOUT, J.P.NAGAR 5TH PHASE, BANGALORE - 560 078.

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…RESPONDENT

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(BY SRI. AJAY KADKOL T., ADVOCATE)

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THIS WP IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE

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NC: 2024:KHC:11473 WP No. 5309 of 2024

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IMPUGNED PART OF THE ORDER DATED 20/12/2023 IN ANNEXURE-A PASSED ON IA.NO.2 IN G AND WC NO.39 OF 2022 BY THE HONBLE IV ADDL. PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, KARNATAKA WHICH GRANTS VISITATION RIGHTS TO THE RESPONDENT AND ETC.

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THIS PETITION, COMING ON FOR PRILIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The present Writ Petition is filed aggrieved by the order passed in G & WC.No.39/2022 in I.A.No.2 dated 20.12.2023 by the IV Additional Principal Judge, Family Court, Bengaluru. The respondent/husband has filed G & WC.No.39/2022 seeking custody of the children. In that he has filed I.A.No.2 under Section 7, 8 r/w Section 12 of G & WC Act seeking visitation/parenting right of the minor children i.e., daughter and son.

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The Court below by impugned order had partly allowed the application and granted visitation/parenting rights of the minor children on every 2^nd and 4^th Sunday from 2.30 pm. to 6.00 pm., at Forum Mall, Konanakunte

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3 - NC: 2024:KHC:11473 WP No. 5309 of 2024

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Cross, or any other convenient common meeting place at the choice of the children and the husband is permitted to talk to the children on every 1^st and 3^rd Sunday between 6 p.m. to 7 p.m. for nearly 20 to 30 minutes over audio call or video call. The Court below has further observed that the children shall be picked up and dropped from and to the residence of the wife by the husband and it is also observed that the parents must ensure that the children do not feel uneasy or discomfort when the husband is exercising his visitation rights and the husband shall bear all the educational expenses.

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Now, the present Writ petition has been filed stating that the children's exams are till 30.03.2024, during that period, it would be very difficult for them to spend time as ordered by the Court below. Hence, the petitioner/wife has sought modification of the order to that extent. It is also submitted that the husband is not bearing the educational expenses, when the matter came up on the last occasion the learned counsel for the

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4 - NC: 2024:KHC:11473 WP No. 5309 of 2024

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respondent/husband submitted that till today the petitioner/wife has never given any particulars about amount spent by her. Today, an affidavit is filed before this Court wherein it is stated that the total expenses for the academic year 2023-24 is Rs.2,99,623/- for the daughter and for the son it is Rs.2,71,850/- and for both the children it is Rs.5,71,473/-.

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Learned counsel appearing for the respondent

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submits that the respondent/husband is always ready to bear the expenses of the children and he will be paying the same in due course. It is further submitted by the learned counsel for the respondent that the father is always in the interest of the children and he would not be disturbing them during their exams. As such there is no objections to modify the order.

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Having heard the learned counsels on either side,

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perused the entire material on record. Considering the

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5 - NC: 2024:KHC:11473 WP No. 5309 of 2024

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submissions made by both the parties, this Court is disposing of the Writ Petition in the following manner:

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ORDER

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i) The order passed by the Court below dated 20.12.2023 is modified to the extent that till 30.03.2024 the father would not be exercising the visitation rights and thereafter as per the order passed by the Court below, he can exercise the visitation rights.

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ii) The respondent/husband shall first pay school fees of both the children for the academic year 2024-25 immediately as per the requirement.

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iii) As far as the arrears are concerned, the respondent/husband shall pay the amount which was spent by the mother for the Academic year 2022-23 and 2023-24 an

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6 - NC: 2024:KHC:11473 WP No. 5309 of 2024

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amount of Rs.5,71,473/- within five months from today i.e., 19.08.2024.

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iv) The mother shall facilitate the father to exercise the visitation rights as per the orders passed by the Court below.

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v) While talking to the children through video calls the husband shall take required care and the ambience around him shall be decent.

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vi) Accordingly, Writ Petition is disposed of.

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Sd/Judge

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List No.: 1 Sl No.: 14

Smt. Tanuja Madhav v. Sri. Raviraj Chedga

Case brief

What is this about?

What did the court decide?

Smt. Tanuja Madhav v. Sri. Raviraj Chedga

Case brief

What is this about?

What did the court decide?

What the court decided

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