Sri Sabyasachi Sengupta Vs Smt Debasree… — Child Custody and Guardianship | Karnataka HC (2025)

Sri Sabyasachi Sengupta Vs Smt Debasree… — Child Custody and Guardianship | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Appeals disposed of on the parties' memo for withdrawal by modifying the Family Court's order dated 21.04.2023 to record the consent that the daughter shall communicate her wish directly to the father when he can visit, and the father shall act accordingly.

Issue for consideration

Whether the Family Court's order dated 21.04.2023 in G & WC No.341/2015, granting custody of the child to the mother with visiting rights to the father, called for interference in these cross appeals.

Court's answer

The appeals stand disposed of by modifying the Family Court's impugned order, recording the consent between the parties that the daughter shall communicate her wish directly to the father when he can visit, and the father shall act accordingly.

Ratio / Principle

Basis of the consensual disposal as placed on record: the minor daughter is on the verge of completing eighteen years, and the parents agreed that the father will have visiting rights as wished by the daughter, who will be at liberty to communicate her wishes to the father.

Detailed headnote1 paragraphs

Cross Miscellaneous First Appeals (FC) under S.19(1) of the Family Courts Act — by the father (MFA No.6115/2024) and the mother (MFA No.3752/2024) — against the common judgment and decree dated 21.04.2023 of the II Additional Principal Judge, Family Court, Bengaluru in G & WC No.341/2015, a petition under S.12 of the Guardians and Wards Act, whereby custody of the child was granted to the mother with detailed visiting rights to the father. Before hearing on interlocutory application, both parents filed memos for withdrawal, placing on record that the minor daughter is on the verge of completing eighteen years and that the father will have visiting rights as wished by the daughter, who may communicate her wishes to him. Disposing of the appeals (oral judgment per B M Shyam Prasad J., G Basavaraja J. on the Bench), the High Court modified the impugned order to record the parties' consent that the daughter shall communicate her wish directly to the father when he can visit, and the father shall act accordingly. No issue on the merits of custody was adjudicated and no precedent was considered.

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^RD DAY OF JULY, 2025 PRESENT

THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND

THE HON'BLE MR. JUSTICE G BASAVARAJA MISCELLANEOUS FIRST APPEAL NO.6115 OF 2024 (FC)

C/W MISCELLANEOUS FIRST APPEAL NO.3752 OF 2024 (FC)

IN MFA No. 6115/2024

BETWEEN:

Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA

SRI SABYASACHI SENGUPTA, SON OF LATE GAURI SHANKAR SENGUPTA, AGED ABOUT 45 YEARS, RESIDING AT NO. C-215, KALPATHARU LAKEVIEW APARTMENTS, PUTTENAHALLI MAIN ROAD, OPP. TO PUTTENAHALLI GOVERNMENT HIGH SCHOOL, J. P. NAGAR, 7^TH PHASE, BANGALORE-560 078. …APPELLANT

(BY SRI. KARAN GUPTA, ADV.)

AND:

SMT. DEBASREE SIRCAR WIFE OF SRI. SABYASACHISENGUPTA, AGED ABOUT 46 YEARS, RESIDING AT NO. 702,

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AXIS ESTRELLA TERRACES, BANNERUGHATTA ROAD, SYNDICATE BANK COLONY, OMKAR NAGAR, HULIMAVU, BANGALORE-560 076.

…RESPONDENT

(BY SMT. SHAHIDA KHANAM J., ADV. AND SMT. MASKOOR HASHMI, ADV.)

THIS MFA IS FILED U/S 19(1) OF FAMILY COURTS ACT AGAINST THE JUDGMENT AND DECREE DATED 21.04.2023 PASSED IN G AND WC.NO.341/2015 ON THE FILE OF THE II ADDITIONAL PRL. JUDGE, FAMILY COURT, BENGALURU, PARTLY ALLOWING THE PETITION FILED UNDER SECTION 12 OF THE GUARDIANS AND WARDS ACT.

IN MFA NO. 3752/2024

BETWEEN:

DEBASREE SIRCAR AGED ABOUT 43 YEARS, D/O LATE DEBABRATA SIRCAR, R/AT NO.84, GOVINDA REDDY LAYOUT, AREKERE LAYOUIT, BENGALURU 560076. PRESENTLY RESIDING AT, NO.702, AXIS ESTRELLA TERRACES, BANNERGHATTA MAIN ROAD, SYNDICATE BANK COLONY, OMKAR NAGAR, HULIMAVU, BENGALURU - 560076. ...APPELLANT (BY SMT. MASKOOR HASHMI M.D., ADV. AND SMT. SHAHIDA KHANAM J., ADV.)

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AND:

MR. SABYASACHI SENGUPTA, AGED ABOUT 45 YEARS, S/O LATE GAURI SHANKAR SENGUPTA, R/AT NO. 183, 2^ND FLOOR, LAXMI LAYOUT, AREKERE LAYOUT, BENGALURU - 560076. PRESENTLY RESIDING AT, NO.C-215, KALAPATHARU LAKEVIEW APARTMENTS, PUTTENAHALLI GOVERNMENT HIGH SCHOOL, J P NAGAR 7^TH PHASE, BENGALURU - 560078.

...RESPONDENT

(BY SRI. KARAN GUPTA., ADV.)

THIS MFA IS FILED U/S 19(1) OF FAMILY COURTS ACT AGAINST THE JUDGMENT AND DECREE DATED 21.04.2023 PASSED IN G AND WC NO.341/2015 ON THE FILE OF THE II ADDITIONAL PRL. JUDGE, FAMILY COURT, BENGALURU, PARTLY ALLOWING THE PETITION FILED UNDER SECTION 12 OF THE GUARDIANS AND WARDS ACT.

THESE APPEALS, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE G BASAVARAJA

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ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD)

These appeals are filed calling in question the order dated 21^st April, 2023 in G & WC No.341 of 2015 on the file of the II Additional Principal Judge, Family Court, Bengaluru (for short the “ Family Court ”), and the Family Court by this impugned order has granted custody of the child to the mother with certain visiting rights to the father, and in fact, the Family Court has detailed the terms of visiting rights.

Presently, both the father and mother who are appellants in the corresponding appeals have filed a memo for withdrawal of corresponding appeals. In support of the request for withdrawal of the appeals, the learned counsels for the parties place on record that the minor daughter is on the verge of completing eighteen years and the parents have agreed that the father will have visiting rights as wished by the

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daughter who will be at liberty to communicate her wishes to the father.

In the light of the afore, the appeals stand disposed of modifying the family Court’s impugned order recording the consent between the parties that the daughter shall communicate her wish directly to the father when he can visit and the father shall act

accordingly.

Sd/(B M SHYAM PRASAD) JUDGE

Sd/(G BASAVARAJA) JUDGE

lnn

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