Smt Meenakshi Patil Vs Dr Amaresh… — Child Custody and Guardianship | Karnataka HC (2025)

Smt Meenakshi Patil Vs Dr Amaresh… — Child Custody and Guardianship | Karnataka HC (2025)

What the court decided

AI extract

Outcome

W.P.Nos.11590/2025 and 11643/2025 disposed of with modifications/directions: Sunday visitation enlarged to 11:00 a.m.-3:00 p.m. in the grandmother's presence (otherwise play area); father to reimburse past school fees and pay future fees directly to the school; father to be included in school activities/WhatsApp group/PTMs and therapy updates, final school decisions with the mother; father to sign passport/visa renewal documents; W.P.No.15345/2025 dismissed; W.P.No.11619/2025 dismissed as infructuous; all IAs stand closed.

Issue for consideration

Whether the visitation granted to the father by order dated 21.12.2023 on I.A.No.6 ought to be set aside or modified in view of the criminal allegations and 'B' report against him and his alleged non-payment of the children's expenses, and what arrangements should govern schooling, therapies, fees and documentation for the children. +2 more

Court's answer

The visitation order dated 21.12.2023 passed on I.A.No.6 in G & W.C. No.25/2023 is modified: the father can exercise visitation on every Sunday between 11:00 a.m. to 3:00 p.m. in the presence of the grand mother; whenever she is not available, in the play area. Enhancement or other aspects are left to appropriate applications by either party.

Ratio / Principle

The father shall reimburse the mother the school fees paid by her, and future school fees shall be paid by the father directly to the school, the mother furnishing the bank account details to the father.

Key takeaways

On the allegations against the father, the 'B' report, the differing versions (girl's statement to the doctor at the Nirbhaya Centre and the 164 statement), this Court at this stage will not go into those aspects, noting that the father has not questioned the impugned order.obiter¶89
Regarding I.A.No.11, the Family Court's order is modified: the mother shall make the father part of all school activities (including the WhatsApp group and parent-teachers meetings) and keep him updated on medical/therapy sessions, but the final decision with regard to school affairs rests with the mother.ratio¶96

Detailed headnote1 paragraphs

Karnataka High Court (Lalitha Kanneganti J., 12.06.2025) disposed of four writ petitions by the mother arising out of G & W.C. No.25/2023 before the V Addl. Prl. Judge, Family Court, Bengaluru. The visitation order dated 21.12.2023 on I.A.No.6 was modified: the father may exercise visitation every Sunday between 11:00 a.m. and 3:00 p.m. in the presence of the grandmother, and in the play area when she is unavailable. The father was directed to reimburse school fees already paid by the mother and to pay future fees directly to the school; the mother must include the father in school activities (WhatsApp group, parent-teacher meetings) and share medical/therapy updates, final decisions on schooling resting with her; and the father must sign documents for renewal of the children's passports/visas, the children being American citizens. The writ challenging the Family Court's allowance of the father's amendment application (original petition under S.26, Guardian and Wards Act, 1890) was dismissed, the Court holding that technicalities shall not come in the way of a party; the writ on the 2025 summer-vacation custody order was dismissed as infructuous. The allegations against the father and the police 'B' report were expressly not gone into at this stage, and enhancement of visitation was left to appropriate applications.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF JUNE, 2025

BEFORE

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 11643 OF 2025 (GM-FC)

C/W

WRIT PETITION NO. 11590 OF 2025 (GM-FC) WRIT PETITION NO. 11619 OF 2025 (GM-FC) WRIT PETITION NO. 15354 OF 2025 (GM-FC) IN WP No. 11643/2025

BETWEEN:

SMT. MEENAKSHI PATIL, W/O DR. AMARESH MALIPATIL, AGED ABOUT 42 YEARS, R/A. D-107, KEERTHI HARMONY APARTMENT, T.C. PALYA ROAD, RAMAMURTHYNAGAR, BANGALORE - 560 016

Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA

NOW RESIDING AT R/A. NO. B-204, ROHAN UPVAN APARTMENTS BYRATHI, BANGALORE - 560 077. …PETITIONER

(BY SRI. KIRAN SEBASTIAN ROZARIO, ADVOCATE)

AND:

DR. AMARESH VIRUPANAGOUDA MALIPATIL, S/O DR. VIRUPANAGOUDA MALIPATIL AGED ABOUT 43 YEARS, R/A. K-203, KEERTHI HARMONY APARTMENT, T.C PALYA ROAD, RAMAMURTHYNAGAR, BANGALORE - 560 016.

…RESPONDENT

(BY SRI. MANJUNATH R., ADVOCATE FOR C/R)

THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER ON I.A.NO.11 DATED 08.04.2025 PASSED BY THE HON'BLE 5^TH ADDL. PRINCIPAL JUDGE, FAMILY COURT AT BANGALORE VIDE ANNEXURE-

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NC: 2025:KHC:20431 WP No. 11643 of 2025 C/W WP No. 11590 of 2025 WP No. 11619 of 2025 AND 1 OTHER

HC-KAR

A BY ISSUING A WRIT AS THIS HON'BLE COURT MAY DEEM FIT TO ISSUE IN THE CIRCUMSTANCES OF THE CASE.

IN WP NO. 11590/2025

BETWEEN:

SMT. MEENAKSHI PATIL, W/O DR. AMARESH MALIPATIL, AGED ABOUT 42 YEARS, R/A. D-107, KEERTHI HARMONY APARTMENT, T.C. PALYA ROAD, RAMAMURTHYNAGAR, BANGALORE - 560 016 NOW RESIDING AT R/A. NO. B-204, ROHAN UPVAN APARTMENTS BYRATHI, BANGALORE - 560 077.

...PETITIONER

(BY SRI. KIRAN SEBASTIAN ROZARIO, ADVOCATE)

AND:

DR. AMARESH VIRUPANAGOUDA MALIPATIL, S/O DR. VIRUPANAGOUDA MALIPATIL AGED ABOUT 44 YEARS, R/A. K-203, KEERTHI HARMONY APARTMENT, T.C PALYA ROAD, RAMAMURTHYNAGAR, BANGALORE - 560 016.

...RESPONDENT

THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER ON IA NO.6 DATED 21.12.2023 PASSED BY THE HON'BLE 5^TH ADDL. PRINCIPAL JUDGE, FAMILY COURT AT BANGALORE VIDE ANNEXUREA BY ISSUING A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR WRITS AS THIS HON'BLE COURT MAY DEEM FIT TO ISSUE IN THE CIRCUMSTANCES OF THE CASE.

IN WP NO. 11619/2025

BETWEEN:

SMT. MEENAKSHI PATIL, W/O DR. AMARESH MALIPATIL, AGED ABOUT 42 YEARS, R/A. D-107, KEERTHI HARMONY APARTMENT,

NC: 2025:KHC:20431 WP No. 11643 of 2025 C/W WP No. 11590 of 2025 WP No. 11619 of 2025 AND 1 OTHER

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T.C. PALYA ROAD, RAMAMURTHYNAGAR, BANGALORE - 560 016 NOW RESIDING AT R/A. NO. B-204, ROHAN UPVAN APARTMENTS BYRATHI, BANGALORE - 560 077.

...PETITIONER

(BY SRI. KIRAN SEBASTIAN ROZARIO, ADVOCATE) AND:

DR. AMARESH VIRUPANAGOUDA MALIPATIL, S/O DR. VIRUPANAGOUDA MALIPATIL AGED ABOUT 44 YEARS, R/A. K-203, KEERTHI HARMONY APARTMENT, T.C PALYA ROAD, RAMAMURTHYNAGAR, BANGALORE - 560 016.

...RESPONDENT

(BY SRI. MANJUNATH B.R, ADVOCATE FOR C/R)

THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER ON IA NO.15 DATED 08.04.2025 PASSED BY THE HON'BLE 5^TH ADDL. PRINCIPAL JUDGE, FAMILY COURT AT BANGALORE IN G&WC NO.25/2023 VIDE ANNEXURE - A BY ISSUING A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR WRITS AS THIS HON'BLE COURT MAY DEEM FIT TO ISSUE IN THE CIRCUMSTANCES OF THE CASE.

IN WP NO. 15354/2025

BETWEEN:

SMT. MEENAKSHI PATIL, W/O DR. AMARESH MALIPATIL, AGED ABOUT 42 YEARS, R/A. D-107, KEERTHI HARMONY APARTMENT, T.C. PALYA ROAD, RAMAMURTHYNAGAR, BANGALORE - 560 016 NOW RESIDING AT R/A. NO. B-204, ROHAN UPVAN APARTMENTS BYRATHI, BANGALORE - 560 077.

...PETITIONER

(BY SRI. KIRAN SEBASTIAN ROZARIO, ADVOCATE)

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NC: 2025:KHC:20431 WP No. 11643 of 2025 C/W WP No. 11590 of 2025 WP No. 11619 of 2025 AND 1 OTHER

HC-KAR

AND:

DR. AMARESH VIRUPANAGOUDA MALIPATIL, S/O DR. VIRUPANAGOUDA MALIPATIL AGED ABOUT 44 YEARS, R/A. K-203, KEERTHI HARMONY APARTMENT, T.C PALYA ROAD, RAMAMURTHYNAGAR, BANGALORE - 560 016.

...RESPONDENT

(BY SRI. MANJUNATH B.R., ADVOCATE FOR C/R)

THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER ON IA NO.16 DATED 08.04.2025 PASSED BY THE HON'BLE 5^TH ADDL. PRINCIPAL JUDGE, FAMILY COURT AT BANGALORE VIDE ANNEXURE - A BY ISSUING A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR WRITS AS THIS HON'BLE COURT MAY DEEM FIT TO ISSUE IN THE CIRCUMSTANCES OF THE CASE.

THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

ORAL ORDER

Aggrieved by the order dated 08.04.2025 passed on I.A.Nos.11, 15 & 16 in G & W.C. No.25/2023 by the Court of V Addl. Prl. Judge, Family Court, Bengaluru, the mother is before

this Court by filing W.P. Nos.11643/2025, 11619/2025 and 15354/2025 respectively. Then questioning the order dated 21.12.2023 passed on I.A.No.6 in G & W.C.No.25/2023, W.P. Nos.11590/2025 is filed. By the order impugned dated

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08.04.2025 on I.A.Nos.11,14 to 16 and 18 and memo dated

29.01.2025, the Family Court had passed the following order:

I.A.No.11 under Section 151 of CPC, IA No.15 under Section 12 of the Guardians and Wards Act read with Section 151 of CPC and IA No.16 under Order 6 Rule 17 read with section 151 of CPC filed by the petitioner are hereby allowed.

Memo dated 29-01-2025 filed by the petitioner is hereby accepted.

IA No.14 under Order 7 Rule 11(d) read with Section 151 of CPC and IA No.18 under Section 21 of the Protection of Women from Domestic Violence Act read with Section 151 of CPC filed by the respondent are hereby rejected.

Respondent is hereby directed to take all decisions regarding schooling and therapies of their minor children by name Master Reyansh and Kumari Gowri, only after discussions with the petitioner and with his consent till the disposal of this case.

Respondent is hereby directed to comply the order dated 21-12-2023 passed on IA No.6 in this case. Petitioner is permitted to amend his petition.

Respondent is hereby directed to hand over the custody of the minor children Master Reyansh and Kumar Gowri to the petitioner during their

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school summer vacation from 10-00 AM on 19-042025 till 5-PM on 19.05.2025. Petitioner shall pick up the children on 19-04-2025 at 10.00 AM and drop them on 19/05/2025 at 5.00 PM.

Petitioner is hereby directed to take care of the needs of the children on time, not to give objectionable food which is harmful to the health of the children and take his minor son for therapies on prescribed time during their custody with him. Petitioner shall not cause any inconvenience to the children and he shall facilitate the children to talk with the respondent 5 to 10 minutes every day through audio or video calls.

For amendment and to furnish copy of the amendment petition and orders on IA No.17 by 13-06-2025.

Learned counsel appearing for the

petitioner/mother submits that there are certain allegations against the father, and a crime was also registered against the father, when there was bleeding from the private parts of the daughter. It is submitted that the police have filed a 'B' report and in the month of February 2025, the father is going to question the same. In light of this conduct and the allegations that are made by the mother, it is submitted that it is not

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congenial and in the welfare of the child to give visitation to the father. It is submitted that the father has not taken care of the educational expenses or any other expenses of the children and he has no responsibility towards the children, he is only fighting for his rights. It is submitted that the father cannot be granted visitation and it is not in the interest of the minor children.

Learned counsel appearing for the respondent/

father submits that as stated by the counsel for the mother, no such incidents have happened. Police have filed a 'B' report and earlier a Co-Ordinate bench of this Court had interacted with the children and the children have not stated anything, which supports the case of the mother. In fact, the learned judge has observed that the children are comfortable with the father. It is also submitted that all through the father is interested to pay the school fees of the children and neither the mother nor the school authorities have given the particulars of the school fees pertaining to the children. He submits that in fact the mother has changed the school of the children without even consulting with the father. The parents of the respondent/father who were earlier living in Kalburgi, now they are residing with the father

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and earlier both the mother and father are residing within the same apartment in different flats and there cannot be any objection to the mother.

Having heard the learned counsels on either side, perused the material on record. With regard to the allegations that are made against the father, 'B' report, the statement that the mother is going to question the said 'B' Report, the statement of the girl to the doctor in the Nirbhaya Centre and 164 statement all are revealing different versions. At this stage, this Court is not going to any of these aspects. The father has not questioned the impugned order. In these circumstances, the Court feels that a slight modification in the order and also as the father is ready to pay the school fees and a direction in that regard will be in the interest of both the parties.

Writ Petition No.15345/2025 is filed questioning the order whereby the Court had allowed the amendment petition filed by the father. Initially, the application is filed under Section 26 of the Guardian and Wards Act, 1890. Then he has filed application seeking amendment and the same is allowed. In the considered opinion of this Court, these kind of

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technicalities shall not come in the way of the party and the Court had rightly allowed the application. This Court finds no reasons to interfere with the same. Accordingly, W.P.No.15345/2025 is dismissed .

Writ Petition No. No.11619/2025 is dismissed as infructous as this petition is pertaining to the Summer Vacation of 2025 and the same is worked out.

In W.P.No.11643/2025 :

As far as I.A. No.11 is concerned, the order of the Court is modified and the mother shall make the father part of all the school activities like, part of the WhatsApp group so that he will be able to know the day-to-day activities in the school and also he shall be part of the parent teachers meeting and he shall be updated with all the activities with regard to the school as well as the other medical/therapy sessions of the children. Ultimately, with regard to the school affairs, it is the mother who will be taking the final decision.

Accordingly, this Court deems it appropriate to pass the following:

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ORDER

(i) The order dated 21.12.2023 passed on I.A.No.6 in G & W.C. No.25/2023 by the Court of V Addl. Prl. Judge, Family Court, Bengaluru, whereby the Family Court had granted the visitation of both the daughter and son on every Sunday between 11:00 a.m. to 2:00 p.m. till disposal of the case, is hereby modified and the father can exercise the visitation on every Sunday between 11:00 a.m. to 3:00 p.m. in the presence of the grand mother. Whenever the grand mother is not available, the father can have visitation in the play area.

(ii) The father shall reimburse the mother what was paid by her towards school fees and further school fees shall be paid by the father directly to the school and mother shall furnish the details of that bank account to the father.

(iii) If the father seeks any enhancement of the visitation or any other aspect, it is open to both the parties to file appropriate applications.

(iv) It is submitted that both the children are American citizens and the passport/visa expired whenever the mother wants to renew the visa/passport, the father shall sign the necessary documents.

(v) Accordingly, W.P.No.11590/2025 is disposed of.

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(vi) Accordingly, W.P.No.15345/2025 is dismissed .

(vii) W.P.No.11619/2025 is dismissed as infructous.

(viii) W.P.No. 11643/2025 is also disposed of.

(ix) All IAs., in these petitions shall stand closed.

SD/(LALITHA KANNEGANTI) JUDGE

KA

List No.: 1 Sl No.: 27 CT: BHK