Sri Girish Ganganagaiah Vs Smt Shwetha D Rao — Writ and Judicial Review | Karnataka HC (2025)

Sri Girish Ganganagaiah Vs Smt Shwetha D Rao — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Both writ petitions disposed of: week-end custody of the minor child modified to Saturday 10.00 a.m. to Sunday 7.00 p.m. with specified handover mechanics; the 50%-each split of all school vacations between mother and father sustained and left undisturbed; summer vacation 2025 split (father till 30.04.2025, mother 01.05.2025 to 30.05.2025); birthday (17.04.2025) custody arrangement with one hour buffer time; alternate-day 15-minute telephone contact during vacations; week-end visitation suspended while the child is with the mother; parties directed to maintain harmony and cooperate for the child's welfare.

Issue for consideration

Whether the Family Court erred in granting the mother custody of the minor child for 50% of all school vacations, having regard to the present state of the child. +3 more

Court's answer

The Court declined to interfere with the impugned order granting the mother custody of the child for 50% of all school vacations (Dasara, Deepavali, Summer and Christmas) and the father the remaining 50%; this aspect is sustained and left undisturbed.

Ratio / Principle

Week-end custody of the minor child modified: the mother is entitled to week-end custody from Saturday 10.00 a.m. to Sunday 7.00 p.m.; the father shall bring the child to the mother's residence at 10.00 a.m. on Saturday and the mother shall return the child to the father's residence at 7.00 p.m. on Sunday.

Key takeaways

For summer vacation 2025, the child shall remain with the father till 30.04.2025 and the father shall hand over custody of the child to the mother from 01.05.2025 to 30.05.2025.ratio¶65
On interaction in chamber, the Court found the minor child smart, intelligent and responsive, without any serious grievance against the mother except the absence of friends to play with at her residential complex, and held the child too young to make preferences.ratio¶47

Detailed headnote1 paragraphs

Custody and visitation — writ petitions under Articles 226 & 227 by father against common order dt. 24.01.2025 of the Principal Judge, Family Court, Bengaluru in G & WC No. 44/2024 granting the mother week-end custody (Friday after school till Sunday 7.00 p.m.) and 50% of all school vacations of minor Master Maurya — High Court interacted with the child in chamber, privately and before the parents; found the child smart, responsive, free of serious grievance against the mother (save absence of playmates at her residential complex) and too young to express a preference — week-end custody modified to Saturday 10.00 a.m. to Sunday 7.00 p.m. owing to the child's Monday-to-Friday tuition classes, with handover at the respective residences — 50% vacation custody split (Dasara, Deepavali, Summer, Christmas) sustained and left undisturbed — summer vacation 2025 divided (father till 30.04.2025; mother 01.05.2025 to 30.05.2025) — birthday (17.04.2025) handover arranged with one hour buffer — alternate-day 15-minute telephone access during vacations — week-end visitation suspended while the child is with the mother — principle: non-custodial parent entitled to reasonable custody and visitation; co-parenting and shared parenting emphasised — reliance placed on Savitha Seetharam v. Rajiv Vijayasarathy Rathnam, 2020 SCC OnLine Kar 2747.

NC: 2025:KHC:15165 WP No. 5229 of 2025 C/W WP No. 5271 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 5229 OF 2025 (GM-FC) C/W WRIT PETITION NO. 5271 OF 2025 (GM-FC) IN WP No. 5229/2025: BETWEEN:

SRI GIRISH GANGANAGAIAH S/O LATE. GANGANAGAIAH AGED ABOUT 45 YEARS R/AT NO.136, 2^ND BLOCK 10^TH CROSS R.T.NAGAR BENGALURU-560 032

…PETITIONER

(BY SRI.SREEVATSA S., SENIOR ADVOATE FOR SMT. G.K.BHAVANA.,ADVOCATE) AND:

Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA

SMT.SHWETHA D RAO W/O GIRISH GANGANAGAIAH AGED ABOUT 37 YEARS R/AT NO.45 SFS 407, YELAHANKA NEW TOWN BENGALURU-560 064

CURRENTLY R/AT NO.5071 5^TH TOWER, PRESTIGE ROYAL GARDEN DODDABALLAPUR ROAD AVALAHALLI BENGALURU-560 064

…RESPONDENT (BY SMT.SHWETHA D.RAO., PARTY-IN-PERSON)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD. 24.01.2025 PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, BENGALURU IN SO FAR AS ALLOWING THE APPLICATION IN I.A.NO. 6 IN G AND WC NO. 44/2024.

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NC: 2025:KHC:15165 WP No. 5229 of 2025 C/W WP No. 5271 of 2025

IN WP NO. 5271/2025: BETWEEN:

SRI GIRISH GANGANAGAIAH S/O LATE GANGANAGAIAH AGED ABOUT 45 YEARS R/AT NO. 136, 2^ND BLOCK, 10^TH CROSS R T NAGAR BENGALURU 560 032 ...PETITIONER (BY SRI.SREEVATSA S., SENIOR ADVOATE FOR SMT. G.K.BHAVANA.,ADVOCATE)

AND:

SMT SHWETHA D RAO W/O GIRISH GANGANAGAIAH AGED ABOUT 37 YEARS RESIDING AT NO. 45, SFS 407 YELAHANKA NEW TOWN BENGALURU 560 064 CURRENTLY R/AT NO. 5071 5^TH TOWER PRESTIGE ROYAL GARDEN DODDABALLAPUR ROAD AVALAHALLI BENGALURU 560 064

...RESPONDENT

(BY SMT.SHWETHA D.RAO., PARTY-IN-PERSON)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD. 24.01.2025 PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT BENGALURU IN SO FAR AS ALLOWING THE APPLICATION IN I.A.NO. 7 IN G AND WC NO. 44/2024 AT ANNX-A

THESE PETITIONS, ARE COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR

ORAL ORDER

These two writ petitions – W.P. No.5229/2025 and W.P. No.5271/2025 are filed by the petitioner – father against the respondent – ‘mother of the minor child Master Maurya’ aggrieved by the common order dated 24.01.2025 passed on I.A. No.6 and I.A. No.7 respectively.

For the sake of convenience, the parties shall be referred to as ‘father’ and ‘mother’.

By the impugned order dated 24.01.2025, the Family Court allowed I.A. Nos.6 and 7 and granted week-end custody of the minor child– Master Maurya to the mother from Friday after school timings till Sunday evening - 7.00 p.m. and further granted custody of the minor child to the mother for 50% of all school vacations i.e., Dasara, Deepavali, Summer and Christmas vacations and remaining 50% to the father.

I have heard learned senior counsel – Sri Sreevatsa .S on behalf of learned counsel – Smt. G.K. Bhavana for the petitioner as well as respondent – Smt. Shwetha D. Rao – party-in-person.

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It is the vehement contention of learned counsel for the petitioner – father that the impugned order passed by the Family Court is bad in law as the custody of the minor child granted to the mother of 50% of all school vacations and the same is not appropriate considering the present state of the minor child. It is also contended that the Family Court erred in granting week-end custody rights from Friday after school timings till Sunday 7.00 p.m. It is contended that presently the minor child is going to 4^th standard and attending tuition classes from Monday to Friday and if the week-end custody of the minor child is given to the mother from Friday, the minor child cannot attend the tuition classes on Friday evening, as a result studies get disrupted, due to which child cannot score well in the academics. For improvement in academic performance, consistent coaching is very much essential and the week-end custody granted to the mother will hamper the academic performance of the child.

5.1 It is further contention of learned counsel for the petitioner that the minor child is not comfortable with the mother and due to the harassment meted out to the minor child by the mother, the child is not inclined to spend time with

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the mother and wants to spend time with the father. The Family Court erred in not ascertaining the preference of the child before granting custody rights to the mother.

5.2 It is further contended that though this Court remanded the matter to the Family Court to interact with the minor child to take an opinion, the same was not done except for a mere formality. No specific question has been asked by the learned Judge during such interaction, therefore the order of this Court is not compiled in the true sense.

5.3. Learned counsel further submits that the petitioner

– father is ready to part 50% of vacation from May onwards rather than April so that the child can attend the tuition classes in April. Learned counsel further contends that the minor child has passion towards ‘football’ and the child wants to practise ‘football’ and pursue it as his career. Father is taking the minor child for practise of football game, which gets disturbed if the child is given to the mother.

5.4. Under these circumstances, learned counsel for the petitioner seeks to set aside the impugned order passed by the Family Court and to grant week-end custody of the minor child

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only from Saturday morning to Sunday evening and so also mother may be granted custody of minor child for 50% of school vacations from May-2025 onwards rather than April2025.

Per contra, respondent – party-in-person contends that the minor child was living alongwith the respondent till November-2023 and till then, the minor child was performing well in academics. She further contends that the mother cannot be alienated from the love and affection of the child and the child should get love and affection of both the parents for proper development and growth. She contends that the tuitions on Saturday can be adjusted and she will work from home and take care of needs of the minor child. With regard to custody of the minor child during school vacations, she contends that the summer vacation has already begun from 01.04.2025 and the school starts functioning from 01.06.2025 and therefore, two months of vacation would be there and though the Family Court has given custody of the minor child for 50% of summer vacation, she is not being allowed to enjoy the same. Therefore, she contends that the petition filed by the petitioner – father be dismissed and she may be permitted to

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have custody and visitation rights as ordered by the Family Court.

Having heard learned senior counsel for the petitioner

and the respondent party-in-person and on perusal of the records, it is seen that there is some misunderstanding between the petitioner – father and the respondent – mother and consequently, they are residing separately. G & WC petition was filed by the mother seeking custody and visitation rights of the minor child. By the impugned order, the Family Court granted week-end custody of the minor child from Friday after school timings till Sunday evening 7.00 p.m. and permitted the mother to pick up the child from the school on Friday after school timings and spend time with the child till Sunday - 7.00 p.m. and drop the child back to the house of the father and also granted custody of the minor child to the mother for 50% of all school vacations i.e., Dasara, Deepavali, Summer and Christmas vacations and remaining 50% of the school vacations, to the father.

This Court interacted with the minor child in chamber, both in private as well as in the presence of the parents. Minor

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child is a very smart boy, intelligent and was responsive to the question posed by this Court. The child does not have any serious grievance against the mother except that he does not have friends to play in the residential complex of the mother. The child is very young to make preferences. The fact remains that the minor child requires the love and affection of both parents equally for proper growth and development. The minor child should be permitted to spend equal time with the noncustodial parent. There is need and requirement of coparenting and shared parenting for proper growth, development, wellbeing and welfare of the minor child.

This Court is not inclined to interfere with the impugned order insofar as granting custody of the minor child to the mother for 50% of all the school vacations i.e., Dasara, Deepavali, Summer and Christmas vacations and granting remaining 50% of all school vacations to the father.

Insofar as week-end custody, considering the fact that the minor child is going to tuition classes from Monday to Friday, this Court deems it appropriate to modify the impugned order granting week-end custody of the minor child – Master

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Maurya to the mother only from Saturday morning – 10.00 a.m. to Sunday evening – 7.00 p.m. The child shall be brought by the father and handed over to the mother at her residence at 10.00 a.m. on Saturday and the mother shall spend quality time with the minor child and hand over custody of the child back to the petitioner – father at his residence at 7.00 p.m. on Sunday.

Coming to the aspect of grant of custody of the minor child, it is to be stated that in the child custody maters, when the custody is with one of the parents, the non-custodial parent is entitled to reasonable custody and visitation rights in order to see that proper development and growth of the child is not affected and to have love and affection of both father and the mother.

My view is fortified by the Division Bench Judgement of this Court in the case of Savitha Seetharam -vs- Rajiv Vijayasarathy Rathnam reported in 2020 SCC OnLine Kar 2747.

In view of the above, this Court deems it appropriate to modify the custody and visitation rights granted by the Family Court. Accordingly, I pass the following:

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NC: 2025:KHC:15165 WP No. 5229 of 2025 C/W WP No. 5271 of 2025

O R D E R

(i) These writ petitions are disposed of.

(ii) The respondent – mother is entitled to have the week-end custody of the minor child – Master Maurya from Saturday – 10.00 a.m. to Sunday –

7.00 p.m. The child shall be brought by the petitioner – father and handed over to the mother at her residence at 10.00 a.m. on Saturday and the respondent- mother shall spend quality time with the minor child and hand over custody of the child back to the petitioner – father at his residence at 7.00 p.m. on Sunday.

(iii) The impugned order insofar as granting custody of the minor child – Maurya for 50% of all the school vacations i.e., Dasara, Deepavali, Summer and Christmas vacations to the mother and remaining 50% to the father, is sustained and left undisturbed.

(iv) It is made clear that when the child is with the mother, the week-end visitation rights granted by the Family Court is suspended.

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NC: 2025:KHC:15165 WP No. 5229 of 2025 C/W WP No. 5271 of 2025

(v) In view of the fact that the summer vacation has commenced from 01.04.2025, the minor child shall spend first half of the vacation with the father and second half of the vacation with the mother. Therefore, the minor child shall spend vacation with the father till 30.4.2025 and the father shall hand over custody of the minor child to the mother from 01.05.2025 to 30.05.2025.

(vi) Since the birthday of the child falls on 17.04.2025, father is entitled to have custody of the child till 2.00 p.m. on that day and he shall drop the child to the residence of the mother at 2.00 p.m. and the mother shall spend quality time with the child till 7.00 p.m. and father shall pick up the child from the residence of the mother at 7.00 p.m. on the said day. However, one hour buffer time is granted for both the parties for handing over the custody of the child.

(vii) During the period of school vacations, both the parties shall have liberty to speak to the minor child

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on every alternate day for a limited period of 15 minutes between 6.00 p.m and 7.00 p.m.

(viii) Both parties are directed to maintain harmony and

behave like responsible parents at the time of exercising visitation and custody rights. They shall cooperate for the welfare and well-being of the minor child rather than expressing anger and ego against each other.

Sd/(PRADEEP SINGH YERUR) JUDGE

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