Sri Ravishankar K S Vs Smt. Ashwini K S

SRI. RAVISHANKAR K.S., S/O SRIKANTIAH K.C., AGED ABOUT 44 YEARS OCCUPATION: SOFTWARE ENGINEER R/AT NO.52, 6^TH MAIN KSRTC LAYOUT, CHIKKALASANDRA BENGALURU-560 061.

¶14

…PETITIONER

¶15

Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA

¶16

(BY SRI.DHANANJAY JOSHI, SR. COUNSEL FOR SMT.AISHWARYA R., ADVOCATE)

¶17

AND:

¶18

SMT. ASHWINI K.S., W/O RAVISHANKAR K.S., AGED ABOUT 39 YEARS R/AT FLAT NO.310, SRINIVASA ENCLAVE GM PALYA, NEW TIPPASANDRA OPPOSITE TO SRI VEERANJANEYA TEMPLE BEHIND ANJANADRI MEADOWS GM PALYA MAIN ROAD BENGALURU-560 075 ALSO AT FLAT NO.309 SRINIVASA ENCLAVE, GM PALYA

¶19

2 - NC: 2025:KHC:21166 WP No. 1912 of 2022 C/W WP No. 20817 of 2022 WP No. 4987 of 2024

¶20

HC-KAR

¶21

NEW TIPPASANDA OPPOSITE TO SRI VEERANJANEYA TEMPLE BEHIND ANJANADRI MEADOWS GM PALYA MAIN ROAD BENGALURU-560 075

¶22

…RESPONDENT

¶23

(BY SRI.B.S.PRASAD, ADVOCATE)

¶24

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED: 18.12.2021 VIDE ANNEXURE-A ON I.A.NO.2 IN G AND WC NO.257/2021 PASSED BY THE LEARNED III ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU IS SO FAR AS NOT GRANTING VISITATION RIGHTS AS SOUGHT BY THE PETITIONER IN HIS APPLICATION VIDE ANNEXURE-V.

¶25

IN WP NO. 20817/2022

¶26

BETWEEN:

¶27

SMT. ASHWINI K.S., W/O RAVISHANKAR K.S., AGED ABOUT 39 YEARS OCC: SOFTWARE PROFESSIONAL R/A FLAT NO.310 SRINIVASA ENCLAVE GM PALYA NEW TIPPASANDRA BENGALURU -560 023

¶28

...PETITIONER

¶29

(BY SRI. PRASAD B.S., ADVOCATE)

¶30

AND:

¶31

SRI. RAVISHANKAR K.S., S/O SRIKANTAIAH K.C., AGED ABOUT 44 YEARS OCC: SOFTWARE ENGINEER R/AT NO 52, 6^TH MAIN KSRTC LAYOUT CHIKKALSANDRA BENGALURU -560 061

¶32

...RESPONDENT

¶33

(BY SRI.DHANANJAY JOSHI, SENIOR COUNSEL FOR SMT.AISHWARYA R., ADVOCATE)

¶34

NC: 2025:KHC:21166 WP No. 1912 of 2022 C/W WP No. 20817 of 2022 WP No. 4987 of 2024

¶35

3 -

¶36

HC-KAR

¶37

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE EX.CASE NO.83/2022 FILED BY THE RESPONDENT PENDING IN THE FILE OF III ADDITIONAL PRL JUDGE FAMILY COURT AT BANGALORE IN PRODUCED AT ANNEXURE-G.

¶38

IN WP NO. 4987/2024

¶39

BETWEEN:

¶40

SRI. RAVISHANKAR K.S., S/O SRIKANTIAHA K.C., AGED ABOUT 47 YEARS, OCCUPATION: SOFTWARE ENGINEER R/AT NO.52, 6^th MAIN KSRTC LAYOUT, CHIKKALASANDRA BENGALURU – 560 061

¶41

...PETITIONER

¶42

(BY SRI.DHANANJAY JOSHI, SENIOR COUNSEL FOR SMT.AISHWARYA R., ADVOCATE)

¶43

AND:

¶44

SMT. ASHWINI K.S., W/O RAVISHANKAR K.S., AGED ABOUT 41 YEARS, R/AT FLAT NO.310, SRINIVASA ENCLAVE, G M PALYA, NEW THIPPASANDRA OPPOSITE TO SRI. VERANAJANEYA TEMPLE, BEHIND ANJANADRI MEADOWS, G M PALYA MAIN ROAD, BENGALURU -560 075

¶45

ALSO AT FLAT NO. 309, SRINIVASA ENCLAVE, GM PALYA, NEW THIPPASANDRA OPPOSITE TO SRI VEERANJANEYA TEMPLE BEHIND ANAJANADRI MEADOWS GM PALYA MAIN ROAD, BENGALURU- 560 075

¶46

...RESPONDENT

¶47

(BY SRI.PRASAD B.S., ADVOCATE)

¶48

4 - NC: 2025:KHC:21166 WP No. 1912 of 2022 C/W WP No. 20817 of 2022 WP No. 4987 of 2024

¶49

HC-KAR

¶50

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED: 07.09.2022 ANNEXURE-A CLOSING THE EXECUTION PETITION FILED BY THE PETITIONER PASSED IN EXECUTION PETITION NO.83/2022 BY THE HONBLE III ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BANGALORE.

¶51

THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

¶52

ORAL ORDER

¶53

Aggrieved by the orders passed on I.A.No.2 in G & WC No.257/2021 dated 18.12.2021 passed by the III Additional Principal Judge, Family Court, Bengaluru, the Father as well as the mother are before this Court. The father's writ petition is WP.No.1912/2022 and the mother's writ petition is WP No.20817/2022 and another writ petition is filed by the father i.e., WP.No.4987/2024.

¶54

The family court has passed an order whereby the father was entitled for interim custody of the child on any two weekends in a month and preferably during the first Sunday and third Sunday of the month with prior intimation to the respondent. He shall pick up the child on Friday evening at 07.00 p.m. and shall drop the child at 05.00 p.m. on Sunday without disturbing the studies of the child and also the father is

¶55

5 - NC: 2025:KHC:21166 WP No. 1912 of 2022 C/W WP No. 20817 of 2022 WP No. 4987 of 2024

¶56

HC-KAR

¶57

entitled to celebrate the birthday of the child and mother shall hand over the child to the interim custody of the father on birthday of the child from 10.00 a.m. to 3.00 p.m. and he shall pick up and drop the child at the mother's house and also the mother shall hand over the child to the interim custody of the father for 8 days during the winter vacation and for 15 days during the summer vacation. It is also observed that the father is entitled for communication, right to speak with the child through video call for 1 hour on every 2^nd and 4^th Sunday between 10.00 a.m. to 11.00 a.m. or 05.00 p.m. to 06.00 p.m. This order is dated 18.12.2021.

¶58

In WP.No.4987/2024 a series of orders are passed by this court. The matter has come up before this court on 27.03.2024. From 27.03.2024 several orders are passed by this court and this court has made all the efforts to see that the father gets the visitation and he will be able to spend the time with the child. Wherein on 27.03.2024 an order was passed by this Court after interacting with the child whereby the father, mother and the boy shall go to the Phoenix Mall, Bangalore on Sunday i.e., on 31.03.2021 and father can exercise the

¶59

6 -

¶60

NC: 2025:KHC:21166 WP No. 1912 of 2022 C/W WP No. 20817 of 2022 WP No. 4987 of 2024

¶61

HC-KAR

¶62

visitation rights from 11.00 a.m. to 3.00 p.m. The boy was reluctant to go along with the father, this Court had asked the mother shall also accompany the boy.

¶63

This court had again interacted with three of them on 02.04.2024. On that day it is submitted that everything went on well, in the earlier meeting and the boy expressed that he is little confused whether to talk or not to talk and also afraid that father might take him away. Then the Court observed that under these circumstances, things have to be taken slowly as it is concerning the welfare of the minor. Then the Court had passed an order permitting the father to exercise the visitation on 25.05.2024, 26.05.2024 and 01.06.2024 from 11.00 a.m. to 3.00 p.m. at Cubbon Park. On 03.07.2024, when the Court interacted with the boy in the chambers, he stated that he had good time because of the place but not because of the father. The father has submitted that boy is always with his mother and he never had a good time to spend with the child, as the mother was also accompanying him during the investigation.

¶64

If an opportunity is given to him to spend time alone with the child, it will help him to develop the bonding with the child.

¶65

7 - NC: 2025:KHC:21166 WP No. 1912 of 2022 C/W WP No. 20817 of 2022 WP No. 4987 of 2024

¶66

HC-KAR

¶67

During the course of interaction the child got an impression as

¶68

if this Court is going to give the custody to the father, he started crying and saying that he wants to be with his mother. Then this court has observed that it is the responsibility of the mother to see that the child interacts with the father and the boy develops a good vibe with his father as she has full control over the child. Finally, this court had passed an order that the visitation on Saturday i.e., 06.07.2024 between 11.00 a.m. to 2.00 p.m. and also next Saturday i.e., on 13.07.2024 between 11.00 a.m. to 2.00 p.m. at Anjaneya Swamy Temple which is opposite to the house of the mother and the court also observed that the mother shall make all efforts to see that the bonding develops between the father and the son and whatever the efforts made by her shall be submitted before the court on the next date of hearing.

¶69

On 16.07.2024 it is brought to the notice of the court that the boy felt that it is boring as he has to sit at one place. Then the court had convinced the mother that the father will take the child to a resort which is situated in and around Bangalore which is acceptable to both the parties and court has

¶70

8 -

¶71

NC: 2025:KHC:21166 WP No. 1912 of 2022 C/W WP No. 20817 of 2022 WP No. 4987 of 2024

¶72

HC-KAR

¶73

observed that three of them shall leave on Saturday on 20.07.2024 at 10.00 a.m and they can come back on Sunday i.e., on 21.07.2024. On 24.07.2024 it is submitted before the court by both the parties that visitation in the resort went on very well and the court in the order passed on 24.07.2024 has observed that both parties can settle the disputes pending amicably and also they can come up with a joint parenting plan and both the parties have submitted before the Court that they require some reasonable time to think about it and come to the court on how they want to go ahead on joint parenting plan and also settling the other disputes.

¶74

As both of them have submitted that even for exercising visitation no order is required and it can be amicably be decided. Then the court observed that in the meantime at the convenience of both the parties, the father can exercise his visitation rights. Even in the order dated 18.09.2024 it is observed that both the boy and the father had spent good time and when it comes to the settlement both the parties have their own versions. According to the father he is earning an amount of Rs.29,00,000/- per annum and the mother submits that on

¶75

9 -

¶76

NC: 2025:KHC:21166 WP No. 1912 of 2022 C/W WP No. 20817 of 2022 WP No. 4987 of 2024

¶77

HC-KAR

¶78

the day when she left the husband's house i.e., four years back his salary was Rs.24,00,000/and her salary was Rs.28,00,000/- per annum.

¶79

Considering the fact that the parties want to settle the matter and only the dispute is with regard to maintenance and what is the income, this court had asked the parties to file the assets and liabilities before this court as per the law laid down by the Hon’ble Apex Court in the case Rajneesh Vs. Neha¹ as mother has been taking care of the educational expenses of the child till now. Whatever the educational expenses that are spent shall be placed before the court, so that the court will pass further orders in that regard. The court has also observed that father shall fix the appointment with the passport office and on that day both the parties shall appear before the passport authorities and shall proceed with the further process and by the next date of hearing it should be informed to the court the date of appointment fixed at the passport office. All the expenses shall be borne by the father and it is the apprehension of the father that the mother may leave the country after the passport is renewed. As such once the

¶80

1 2021(2) SCC 324

¶81

10 -

¶82

NC: 2025:KHC:21166 WP No. 1912 of 2022 C/W WP No. 20817 of 2022 WP No. 4987 of 2024

¶83

HC-KAR

¶84

passport is renewed it shall be deposited before this Court pending disposal of this case. When it is brought to the notice of the court that the Family Court in G & WC is insisting for day to day hearing this Court has passed an order that as there is a likelihood of settlement there shall be stay of all further proceedings in G & WC No.257/2021 till the next date of hearing. Both the husband and wife have submitted that they will not proceed with the pending matters between them till the next date of hearing.

¶85

On 22.10.2024 this Court has made further arrangement for visitation on every Sunday where by the mother shall drop the boy in cubbon park at 10.00 a.m. and pick up the boy at 4.00 p.m. and in the mean time if the boy is not comfortable, the father shall intimate the same to the mother and this arrangement shall go on till the next date of hearing i.e., 26.11.2024.

¶86

On 22.10.2024 it is ordered that the father shall inform the mother by tomorrow about the details of the appointment for the renewal and considering the boy's birthday the visitation was fixed by the Court and again the Court had reiterated in

¶87

11 -

¶88

NC: 2025:KHC:21166 WP No. 1912 of 2022 C/W WP No. 20817 of 2022 WP No. 4987 of 2024

¶89

HC-KAR

¶90

this order that they have to file the statement of assets and liabilities as per the judgment of the Hon’ble Apex Court in the case Rajneesh Vs. Neha referred supra . Thereafter, the matter came up on 08.01.2025, it is brought to the notice of the Court that the father has not deposited the passport before this court after the renewal.

¶91

The learned senior counsel appearing for the father submitted that the order of the court will be complied with, this Court had directed the case to be listed on 04.02.2025 and by that time the passport shall be deposited before this Court or else appropriate orders will be passed. Then on that day it was brought to the notice of the court the order passed by this court dated 22.10.2024 whereby, the court had directed the parties to file their statement of assets and liabilities was questioned before the Hon'ble Apex Court and the said SLP is dismissed. Then the case is adjourned to 05.03.2025 and by that time the parties are directed to place their respective statement of assets and liabilities. It is submitted that the passport is also surrendered before this court and the court had directed the Registrar (Judicial) to keep it in the safe custody.

¶92

12 -

¶93

NC: 2025:KHC:21166 WP No. 1912 of 2022 C/W WP No. 20817 of 2022 WP No. 4987 of 2024

¶94

HC-KAR

¶95

Finally both the parties have filed their respective statements of assets and liabilities.

¶96

Having heard the learned counsels on either side, perused the entire material available on record. Important factor in this case is that the boy is suffering with heart ailment for that he had undergone a surgery. It is the case of the father that without his knowledge the Surgery was done and he was not informed about the details. Then he has filed a case against the hospital as well as the doctors, that writ petition was heard by this Court and the same was dismissed. This court right from the beginning as per the orders that are extracted in the preceding paragraphs had made all the efforts to see that the boy shall spend some good time with the father so that they will develop bonding. The father wants the exclusive visitation rights and it is the case of the mother that the father is not taking care of the maintenance expenses of the child. It is the case of the father that no application is filed by the mother seeking maintenance. According to the learned counsel appearing for the mother in the Crl.Misc.No.75/2022 mother has sought for maintenance. Though they are aware of the

¶97

13 -

¶98

NC: 2025:KHC:21166 WP No. 1912 of 2022 C/W WP No. 20817 of 2022 WP No. 4987 of 2024

¶99

HC-KAR

¶100

pending case and contesting other matters, they have not appeared in that case and they are evading the notice. It has been argued by the learned Senior Counsel appearing for the husband that filing of statement of assets and liabilities is beyond the scope of the writ petition. This Court is conscious of the jurisdiction of the court while deciding a writ petition that is pertaining to the custody/visitation of the child. This court had spent hours together in interacting with the parties in the chambers only with an intention that if the parties arrive at a amicable settlement, the boy who is suffering with health ailments at this young age, will not be put to any further hardship. The boy except on two or three occasions, has shown his reluctance to meet the father and for that reason court was repeatedly trying to convince the mother and the child. Particularly when both of them are saying that there is no scope for settlement between the parties as far as matrimonial issues are concerned. If a settlement is arrived at and joint parenting plan is accepted they would be able to lead the life peacefully which is in the interest of the child. In spite of the

¶101

best efforts made by the court, it appears that there is no scope for such settlement. Boy is showing complete reluctance

¶102

14 -

¶103

NC: 2025:KHC:21166 WP No. 1912 of 2022 C/W WP No. 20817 of 2022 WP No. 4987 of 2024

¶104

HC-KAR

¶105

to meet the father and if he is pressurized he is crying uncontrollably which is not good for him considering the heart operation he had undergone.

¶106

In the light of the above discussion, considering the health condition of the boy and balancing the interest of all the parties, this Court is passing the following:

¶107

ORDER

¶108

i. The father can exercise the visitation once in a week i.e., Saturday or Sunday with prior notice to the mother between 10.00 a.m. to 04.00 p.m. whereby the mother is permitted to accompany the boy. Accordingly, the order on I.A.No.2 in G & WC No.257/2021 dated 18.12.2021 passed by the III Additional Principal Judge, Family Court, Bengaluru is modified.

¶109

ii. Considering the reluctance of the boy to meet the father, the boy shall be taken to NIMHANS every week for three months and after that, the report shall be submitted to the Family Court by the NIMHANS.

¶110

15 - NC: 2025:KHC:21166 WP No. 1912 of 2022 C/W WP No. 20817 of 2022 WP No. 4987 of 2024

¶111

HC-KAR

¶112

iii. Once report is received, father is at liberty to make appropriate application for the overnight custody /visitation of the child. Basing on the report the family court shall pass appropriate orders.

¶113

iv. The G & WC is of the year 2021 and so far the mother has not filed an I.A for interim maintenance on the ground that in D.V. case it is filed. However, if any application is moved by the mother for maintenance as already the assets and liabilities are filed before this court, the Registry is directed to transfer the same to the Trial court and the Trial court shall decide the I.A within the outer limit of 1 month.

¶114

v. The boy is the US citizen and the visa needs to be renewed. In that regard the mother is at liberty to move an appropriate application before the Family Court and this application shall also be considered expeditiously giving opportunity to both the parties.

¶115

vi. As of now the custody of the child is with the mother with regard to the child's school and all

¶116

16 - NC: 2025:KHC:21166 WP No. 1912 of 2022 C/W WP No. 20817 of 2022 WP No. 4987 of 2024

¶117

HC-KAR

¶118

other aspects till further orders are passed by the Court, mother would have the complete control on all the affairs.

¶119

vii. This Court in the earlier order has directed the father to bear the expenses for the passport renewal. Father shall pay the same within 2 weeks from the receipt of the order.

¶120

viii. Both the parties shall bear the expenses for the counseling therapy session of the boy.

¶121

ix. The passport of the boy which is in the safe custody of the Registrar (Judicial) shall be sent to the trial court to keep it in safe custody until further orders.

¶122

x. Accordingly, all the three writ petitions are disposed of .

¶123

xi. All pending I.As., in these petitions shall stand closed.

¶124

SD/(LALITHA KANNEGANTI) JUDGE

¶125

TS,List No.: 1 Sl No.: 2

Sri Ravishankar K S v. Smt. Ashwini K S

Case brief

What is this about?

What did the court decide?

Sri Ravishankar K S v. Smt. Ashwini K S

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Kumari Abha Sinha Vs Mr Deepak Kumar Sinha

Mrs. Hemalatha @ Hemavathi Vs Mr. Kusumakar Shetty

Mr. Vishen Vinay Kumar Vs Smt. Deeshma G

Sri Raghu @ Durgarpasad Vs Smt Yashoda

Sri Avin Chandran Vs Smt Usha Kumari @ Usha Pillai

Sri Y N Siddesh Vs Smt Y K Gowramma @ Dhanalakshmi