Disposed¶33

Dr. Pallavi A.S. v. Sri Vinay J

Karnataka HC5 Aug 2025WP/25003/2023

Case brief

AI extract

What is this about?

Visitation rights of non-custodial parent — minor child — weekly Sunday visitation (11.00 a.m.–04.00 p.m.) upheld — mother's request for alternative Sundays rejected — Articles 226 & 227 writ (GM-FC) — WP No. 25003 of 2023 — order on I.A.No.4 in MC No.1926/2020, III Addl. Family Court Bengaluru, dated 04.10.2023 — maintenance I.A. pending, to be disposed within one month — desirability of disposing maintenance and visitation applications together — respondent served, no vakalath — High Court of Karnataka, Justice Lalitha Kanneganti, 05.08.2025.

What did the court decide?

No interference with the impugned visitation order; writ petition disposed of; all I.As. in the petition stand closed; Family Court directed to dispose of the pending maintenance I.A. within one month. ¶33

Dr. Pallavi A.S. Vs Sri Vinay J — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Family Court's order granting the father visitation/custody of the minor child on every Sunday (11.00 a.m. to 04.00 p.m.) should be interfered with, or whether visitation should instead be confined to alternative Sundays. +1 more

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Court's answer

Weekly visitation is granted to the non-custodial parent in all such matters, otherwise it would be very difficult for the non-custodial parent to develop intimacy with the child.

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Ratio / Principle

Since the boy is with the mother the whole week and the father gets only one day (11.00 a.m. to 04.00 p.m.), this Court finds no reasons to interfere; the Family Court had rightly granted the visitation.

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Key takeaways

When applications for maintenance and visitation are filed together, it is always desirable that the Court dispose of both at the same time, so that one party is not left in complete frustration (denial of visitation prompting denial of maintenance, or vice versa).obiter¶32
Direction: since the I.A. for visitation was disposed of but the I.A. for maintenance was not heard, the Family Court shall dispose of the maintenance application within one month from the date of receipt of a copy of this order.ratio¶32

Detailed headnote1 paragraphs

Karnataka HC (Smt. Justice Lalitha Kanneganti), 05.08.2025 — W.P. No. 25003 of 2023 (GM-FC) under Articles 226 & 227 by the custodian mother against the order dated 04.10.2023 on I.A.No.4 in MC No.1926/2020 (III Addl. Family Court, Bengaluru) granting the non-custodial father time with the minor child every Sunday, 11.00 a.m. to 04.00 p.m. Court holds weekly visitation is the norm so the non-custodial parent can develop intimacy with the child; as the boy is with the mother the whole week and the father receives only one day, no reasons exist to interfere and the Family Court rightly granted visitation; mother's plea for alternative Sundays declined. Court observes that when maintenance and visitation applications are filed together they should preferably be disposed of at the same time to avoid frustration/evasion, and directs the Family Court to dispose of the pending maintenance I.A. within one month. Writ petition disposed of; all I.As. therein closed. Respondent served but no vakalath filed.

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1 - NC: 2025:KHC:30248 WP No. 25003 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF AUGUST, 2025

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION No. 25003 OF 2023 (GM-FC)

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BETWEEN:

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DR. PALLAVI A.S. W/O SRI VINAY J, AGE: 38 YEARS, R/AT No. 4134/50, 2^ND MAIN ROAD "E" BLOCK, SUBRAMANYANAGAR BENGALURU - 560 010.

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…PETITIONER

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(BY SRI. RAVINDRA PRASAD B, ADVOCATE)

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AND:

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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SRI VINAY J S/O SRI JAGADISH B C, AGE: 42 YEARS, R/AT: No. 2443, 10^TH MAIN, "D" BLOCK RAJAJINAGAR, 2^ND STAGE BENGALURU NORTH BENGALURU - 560 010. ALSO AT:

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No. 2440, 10^TH MAIN, "D" BLOCK RAJAJINAGAR, 2^ND STAGE BENGALURU NORTH BENGALURU - 560 010.

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…RESPONDENT

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(VINAY J - SERVED)

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2 - NC: 2025:KHC:30248 WP No. 25003 of 2023

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HC-KAR

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 04/10/2023 ON IA No.4/2022 IN MC No.1926/2020 PASSED BY THE LEARNED III ADDL. FAMILY COURT AT BENGALURU VIDE ANNEXURE-F AND FURTHER REJECT THE IA No. 4/2022.

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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 passed on I.A.No.4 in MC No.1926/2020 dated 04.10.2023 whereby the court has granted the custody of the minor child on every Sunday between 11.00 a.m. to 04.00 p.m. the mother is before this Court.

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Learned counsel appearing for the petitioner submits that mother is a Doctor and if every Sunday the time is given to the father, she would not be getting any time to spend with the child. As such, alternative Sundays may be granted to the father. In his contention learned counsel submits that, so far the father is only asking for his rights, but he is not paying any maintenance, he is not conscious of his duties and he is not paying any maintenance.

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3 - NC: 2025:KHC:30248 WP No. 25003 of 2023

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HC-KAR

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Though notice is served on the respondent, there is no vakalath filed on his behalf.

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Having heard the counsel for the petitioner, perused the material on record.

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In all these visitation matters, weekly visitation is granted to the non-custodial parent. Otherwise, it would be very difficult for the non-custodial parent to develop the intimacy with the child. In all the cases, this Court is granting visitation on every week. The contention that on Sunday when the mother is working, visitation shall be on alternative Sundays. This submission this Court is not able to appreciate. The whole week the boy is with the mother and it is only one day that too duration of 11.00 a.m. to 04.00 p.m. is given to the father. This Court do not find any reasons to interfere. In the considered opinion of the Court, the Court had rightly granted the visitation. This Court has already issued suitable directions that whenever an IA is filed seeking maintenance and seeking visitation rights, it is always desirable that the Court shall dispose of both the applications so that one party is not left in complete frustration. If the father's application for

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4 - NC: 2025:KHC:30248 WP No. 25003 of 2023

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HC-KAR

¶32

visitation is allowed and the child is not granted maintenance it would be a reason that the mother will be denying the visitation and if the father is made to pay the maintenance and he is not given visitation he would be trying to evade payment of maintenance. Hence, when two applications are filed it is always desirable that the Court shall at a time dispose of these applications. In this case, IA for visitation is disposed of, but IA for maintenance is not heard by the Court. The Court shall dispose of this application within one month from the date of receipt of a copy of this order.

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In the light of the above discussion, this court finds no reason to interfere with the order impugned. Accordingly, the writ petition is disposed of .

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All I.As., in the petition shall stand closed.

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Sd/(LALITHA KANNEGANTI) JUDGE

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DKB

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List No.: 1 Sl No.: 15

Dr. Pallavi A.S. v. Sri Vinay J

Case brief

What is this about?

What did the court decide?

Dr. Pallavi A.S. v. Sri Vinay J

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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