Allowed

Mrlakshmi Raja Rao v. Mr Srinanda P

Karnataka HC4 Sept 2024WP/6333/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition seeking modification of a trial court order restricting a mother's visitation rights. The Court enhanced visitation frequency to weekly and allowed the child's attendance at extra-curricular activities during visitation periods.

What did the court decide?

Writ petition allowed; mother granted custody/visitation on every Sunday from 10.00 am to 5.00 pm; order to return child after visitation modified.

Mrlakshmi Raja Rao Vs Mr Srinanda P — Child Custody and Guardianship | Karnataka HC (2024)

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NC: 2024:KHC:36178 WP No. 6333 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF SEPTEMBER, 2024 BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 6333 OF 2023 (GM-FC)

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BETWEEN:

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MRLAKSHMI RAJA RAO W/O SRINANDA P AGED ABOUT 39 YEARS R/A F 434, 7TH CROSS 11TH MAIN, B E L LAYOUT BAHARTH NAGAR BENGALURU-560091.

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…PETITIONER

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(BY SRI. GOVINDRAYA KAMATH K.,ADVOCATE) AND:

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Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA

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MR SRINANDA P AGED ABOUT 46 YEARS R/A NO.322, 5^TH CROSS 8^TH MAIN NEAR CARMEL SCHOOL PADMANABANAGAR BENGALURU-560070.

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…RESPONDENT

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(BY SRI. NANDA KISHORE., ADVOCATE)

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO MODIFY THE IMPUGNED ORDER DATED 13.02.2023 PASSED BY THE HONBLE II ADDL. PRINCIPAL JUDGE , FAMILY COURT, BENGALURU IN G AND W.C NO.367/2021 AS PER ANNX-A. AND TO ENHANCE THE NUMBER

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NC: 2024:KHC:36178 WP No. 6333 of 2023

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OF VISITS TO THE MINOR CHILD NAMED MASTER SHREEMANTH AGED 14 YEARS BY CLEARLY MENTIONING THE DAY AND TIME OF THE VISIT.

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THIS PETITION, COMING ON FOR ORDERS, 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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Aggrieved by the order dated 13.02.2023 passed in G & WC No.367/2021 by the II Additional Principal Judge, Family Court, Bangalore seeking to grant interim custody of minor boy who is aged 16 years and studying in 10^th standard, the mother has filed this petition seeking grant of interim custody of the minor boy from Friday to Sunday of every week and on every special occasions, festivals and also on first half of the summer holidays.

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The Trial Court by the order impugned has allowed the application partly and directed that the mother shall exercise her visitation rights of her minor boy in any park or Mall of the place of vicinity of the respondent with the help of local police on any Saturday and Sunday of every alternative month between 2-00 p.m to 5-00 p.m. from the date of the order. The father is directed to hand over the custody of the minor boy for

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3 - NC: 2024:KHC:36178 WP No. 6333 of 2023

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exercising visitation rights by the mother. Both the parties are directed to communicate each other regarding the venue, dates and time regarding arrival and departure. The father shall facilitate the custody of the minor boy to exercise visitation right to the mother. The mother shall return back the minor boy to the custody of the respondent after exercising the visitation rights without fail. Both the parties are directed to maintain peace and harmony during exercising the visitation rights and the father shall take all safety measures during visitation and mother shall not take the minor boy in the absence of the father. Aggrieved by the said order, mother is before this Court.

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It is submitted by the learned counsel for the mother, the direction that the mother shall exercise her visitation rights of the minor boy in any park or Mall of the place of vicinity of the respondent with the help of local police on any Saturday and Sunday of every alternative month between 2.00 p.m. and 5.00 p.m. is not a well considered order. It is also submitted that without any basis the Court has only granted visitation right that too with the help of local police and such a condition is arbitrary. He submits that both the minor boy and mother need to develop, attachment and bonding with each

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NC: 2024:KHC:36178 WP No. 6333 of 2023

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order. It is also submitted that in the interest of justice, the order passed requires to be set aside.

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Learned counsel for the father submits that boy is studying in 10^th standard and he is representing the State and also representing the Country in the extra curricular activities. It is submitted that the Court has passed an order that whenever he is going to participate in any of the competition, he has to obtain the permission of the Court, for which he is facing lot of difficulty. It is submitted that because of the busy schedule of the minor boy as he is studying in 10^th standard, it is very difficult for him to meet the mother every week. The trial Court has rightly passed order granting visitation rights between 2.00 p.m and 5.00 p.m. on alternative Saturday and Sunday of every alternative month, so far as the help of local police is concerned, it is nobody's case. He submits that the application filed by him to vacate such order is not heard by the Court.

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Heard the learned counsels on either sides and perused the material on record.

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The boy is now aged 16 years old and right from the year 2021, he is staying with the father. It is the argument of learned counsel appearing for the father because of the boy's

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5 - NC: 2024:KHC:36178 WP No. 6333 of 2023

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extra curricular activities, mother cannot meet him every week. The mother has every right to see her child and there are no circumstances to say that the mother meeting the child is not in the interest of minor. No material is forthcoming before this Court to pass such an order. The mother shall have the visitation every week. Coming to the case of the husband that whenever the child is going to participate in any of the competition, they have to take permission, it is always open for the father to question the same before this Court. Considering the overall development of the child and interest of both the parties, this Court is proceeding to pass the following:

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ORDER

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(1) The mother shall meet the minor boy on every Sunday between 10.00 a.m. to 5.00 p.m. and the mother can pick up the minor boy from the father's house and if there are any other extra curricular activities on that particular day, the mother shall accompany him to the said activity.

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(2) The father shall cooperate with the arrangement as directed by this Court.

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(3) After five months, if there are any changes in the circumstances and basing on the comfort zone of the boy, the

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NC: 2024:KHC:36178 WP No. 6333 of 2023

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petitioner - mother is at liberty to move an appropriate application before the trial Court for over night custody.

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(4) Accordingly writ petition is disposed of.

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SD/(LALITHA KANNEGANTI) JUDGE

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Mrlakshmi Raja Rao v. Mr Srinanda P

Case brief

What is this about?

What did the court decide?

Mrlakshmi Raja Rao v. Mr Srinanda P

Case brief

What is this about?

What did the court decide?

What the court decided

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