Allowed

Sri. Chandramouli v. Sri Guruprasad

Karnataka HC11 Jul 2024WP/8204/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka modified visitation arrangements between the paternal grandparents and the minor boy, separating locations on specific weekends. It permitted the grandfather to open a bank account in the minor's name and directed the father to pay monthly maintenance.

What did the court decide?

Visitation rights modified; bank account opened for minor; Rs. 20,000/- per month maintenance ordered for the father to pay.

Sri. Chandramouli Vs Sri Guruprasad — Child Custody and Guardianship | Karnataka HC (2024)

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NC: 2024:KHC:27108 WP No. 8204 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF JULY, 2024

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 8204 OF 2024 (GM-FC)

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BETWEEN:

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SRI.CHANDRAMOULI AGED ABOUT 60 YEARS RESIDING AT HOUSE NO 1431, NEAR KESHAVASWAMI TEMPLE, KOTE BEEDI, DEVANAHALLI TALUK, VIJAYAPURA , BENGALURU RURAL DISTRICT PIN CODE - 562 135

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SRI.VIKAS S/O SRI.CHANDRAMOULI AGED ABOUT 34 YEARS RESIDING AT HOUSE NO 1431, NEAR KESHAVASWAMI TEMPLE, KOTE BEEDI, DEVANAHALLI TALUK, VIJAYAPURA , BENGALURU RURAL DISTRICT PIN CODE - 562 135

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Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA

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…PETITIONERS

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(BY SRI.B.V.SHANKARANARAYANA RAO, SENIOR ADVOCATE A/W SRI.MADHUSUDHAN J., ADVOCATE FOR SRI.RAVI KUMAR K.N., ADVOCATE)

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AND:

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SRI.GURUPRASAD S/O.RAGHAVENDRA RAO AGED ABOUT 36 YEARS RESIDING AT NO.134, NEAR S.R.S.VIDYALAYA, TUBARAHALLI, BENGALURU – 560 066

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…RESPONDENT

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(BY SRI.S.SWAROOP, ADVOCATE)

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NC: 2024:KHC:27108 WP No. 8204 of 2024

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN G AND WC NO. 15005/2023 ON THE FILE OF THE V ADDL. DISTRICT SESSIONS JUDGE, DEVANAHALLI. AND DIRECTION SETTING ASIDE / QUASH THE ORDER DATED: 30/01/2024 (ANNEXURE-H) PASSED BY THE V ADDL. DISTRICT SESSIONS JUDGE, DEVANAHALLI, IN G AND WC NO. 15005/2023 WHILE DECLARING THE SAME TO BE ARBITRARY, ILLEGAL AND BAD IN LAW.

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THIS PETITION, COMING ON FOR FURTHER HEARING, 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 on I.A.No.III in G & WC No.15005/2023 dated 30.01.2024 by the V Addl. District Judge, Bangalore Rural District sitting at Devanahalli, the grand father is before this court.

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The court below by order impugned permitted the father to visit the child in the house of the grandparents on every 3^rd Sunday between 10.00 a.m. to 2.00 p.m. The facts of this case are that the boy had lost his mother on 31.01.2023 and it was a homicidal death. A case was registered against the father. The grand father is before this court stating that, when the boy and the grand parents are still in sorrow, the court granted visitation to the father and that too making him

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3 - NC: 2024:KHC:27108 WP No. 8204 of 2024

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come to the house of the grand parents is not correct and further now at this moment, considering the emotions of the grand parents and the child, the court ought not to have granted the visitation. Initially when the matter came up on 03.04.2024, this court has permitted the father to visit the child in the Bangalore Mediation Centre in the presence of the child counselor between 11.00 a.m. to 2.00 p.m on 20.04.2024 and on 18.05.2024 and directed the father to bear all transportation expenses. Thereafter this matter came up on 05.06.2024, wherein again the order was extended permitting the father to visit the child on 15.06.2024. Then on 25.06.2024, this court considered the inconvenience to the boy and the grand father to travel all the way from their place to Bangalore Mediation Centre and considering the submission of the learned Senior Counsel, this court had permitted the father to exercise the visitation rights on 1^st Sunday and 3^rd Sunday between 4.00 p.m. to 7.00 p.m. at SowmyaKeshava Swamy Temple, Vijayapura and directed the matter to be listed today. Even on the last occasion at one point of time, when the father has stated that he is ready to take care of the expenses of the child and the grandfather who was in the court had refused to

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4 - NC: 2024:KHC:27108 WP No. 8204 of 2024

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accept the same stating that he can take care of the boy himself.

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Today when the matter came up, learned Senior Counsel and the counsel for the respondent/father submits that the visitation went on well. However it is the submission of the learned Senior Counsel that considering the age of the boy, visitation could be restricted to once in a month and also for all practical purposes the boy requires a bank account. When they approached the bank, as the grand father is not the legal guardian of the boy, unless and until there is a permission from the court, they are not permitting the grand father to open the bank account in the name of boy. It is submitted that the grand father may be permitted to open bank account, which is in the interest of the boy.

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Learned counsel for the respondent/father submits that on the last occasion the visitation went on well as per the orders passed by this court. The grand parents and uncle met the boy and the boy was also happy. He submits that as the boy has stated that he regularly comes to the temple and

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5 - NC: 2024:KHC:27108 WP No. 8204 of 2024

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sitting in the temple for such a long time is very boring. On that the learned counsel submits that for two days, one Saturday could be at Mediation Centre, Devanahalli Family Court and one Sunday at Sowmyakeshava temple vijayapura, Devanahalli. When it comes to the bank account, it is the submission of the learned counsel that there is no requirement for a bank account in the name of boy. If any amount they want to deposit, showing him as beneficiary, they can as well open an account. He submits that if fixed deposit account is opened, in that every month they will be depositing an amount of Rs.20,000/- for the boy. It is infact stated that whatever the expenses of the boy they are ready to pay and the grand father has not submitted about what are the expenses. He submits that they are ready to pay Rs.20,000/-per month.

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Having heard the learned counsel on either side,

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perused the entire material on record. The court below had permitted the father to exercise visitation rights at the grand father’s place. Considering the kind of disputes between the parties, this court feels that such an arrangement would not work out and on the last couple of occasions court had made

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NC: 2024:KHC:27108 WP No. 8204 of 2024

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arrangements for the visitation. This court is of the view that on every third Saturday and first Sunday, the father can exercise the visitation rights between 11.00 a.m. to 2.00 p.m. On first Sunday, the visitation would be at

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Sowmyakeshawaswamy Temple, Vijayapura, Devanahalli and on third Saturday, it would be at the Mediation Centre, Devanahalli. Once in a month, i.e., on Saturday the paternal grand parents and the uncle along with the father can exercise the visitation rights.

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Then coming to the opening of the bank account, though the said proposal is very much opposed by counsel appearing for the respondent, but this court considering the submission of the learned Senior Counsel, permitting the grand father to open the bank account in the name of the minor and any amount that is deposited by the grand father he can spend. But the money exclusively belonging to the boy, if any deposited the grand father without the permission of the trial court cannot use the amount. All the above arrangements are subject to the further orders to be passed by the court below. If any application is filed by the grand father for maintenance of

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NC: 2024:KHC:27108 WP No. 8204 of 2024

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the boy the court below has to examine the same independently not withstanding the fact that this court has directed father to pay Rs.20,000/-per month as maintenance as he has come forward before this court.

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Accordingly the following:

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ORDER

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i. The father can exercise visitation rights on every 3^rd Saturday and First Sunday between 11.00 a.m. to 2.00 p.m.

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ii. On Sunday the visitation is at Sowmya Keshava Swamy temple, Vijayapura.

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iii. On 3^rd Saturday visitation is at Mediation Centre, Devanahalli. On that day father, paternal grand parents and uncle can visit the boy.

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iv. Grand father is permitted to open the Bank Account. In that whatever amounts he has deposited can be withdrawn by him. Any amount belonging to the boy exclusively without permission of the trail court the grand father also cannot operate.

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NC: 2024:KHC:27108 WP No. 8204 of 2024

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v. The father shall pay an amount of Rs.20,000/- per month as maintenance to son which is subject to further order to be passed.

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SD/JUDGE

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TS List No.: 1 Sl No.: 2

Sri. Chandramouli v. Sri Guruprasad

Case brief

What is this about?

What did the court decide?

Sri. Chandramouli v. Sri Guruprasad

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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