IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE A.S. BOPANNA WRIT PETITION NO.23824/2017 (GM- FC) BETWEEN:
SMT. KRISHNAVENI W/O NINGAMANJAPPA AGED ABOUT 34 YEARS R/O # 361, 14TH CROSS 2ND MAIN, GOKULAM 3RD STAGE, MYSURU – 570 005 (BY SRI. P. MAHESHA, ADV.,) AND:
SRI. NINGAMANJAPPA S/O SIDDAIAH AGED ABOUT 45 YEARS R/O NWC 297/A GANESHA COLONY BHADRAVATHI SHIMOGGA DISTRICT – 577 201 (BY SRI.S.V.PRAKASH, ADV.,) ... PETITIONER … RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE LEARNED PRINCIPAL FAMILY JUDGE, FAMILY COURT MYSURU, IN M.C.NO.235/2015 DATED 28.04.2017 VIDE ANNEXURE-D.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER The petitioner is before this Court assailing the order dated 28.04.2017 passed by the Court below in M.C.No.235/2015.
2. The petitioner is the wife of the respondent. The relationship between the parties is not in dispute. Due to certain disputes in their married life, they are residing separately and the petitioner herein has filed the petition in M.C.No.235/2015 under Section 13 of the Hindu Marriage Act. The petitioner and the respondent also have two children who are aged about six and eight years. The children are presently residing with the petitioner. In that view, the respondent herein had filed an application in I.A.No.3 seeking interim custody of the children. The Court below after taking note of the rival contentions has through the impugned order granted the interim custody during the vacations from 2.5.2017 to 6.5.2017 and also subsequently on the second and fourth Saturdays between 10.00 a.m. and 5.00 p.m., permitting the respondent to take the children to his house. The petitioner claiming to be aggrieved by the said order is before this Court in this petition.
3. The respondent has filed statement of objections seeking to sustain the order of the Court below and seeking to exercise the right of visitation as provided by the Court below.
4. In that light, having taken note of the rival pleadings, I have heard the learned counsel for the parties and perused the petition papers including the order impugned herein. At the outset, it is to be noted that the first portion of the direction as issued by the Court below for granting the interim custody between the periods from 2.5.2017 to 6.5.2017 does not arise for consideration at this point of time since the said period has elapsed, though the interim custody as ordered therein has not been enjoyed by the respondent.
5. The issue for consideration at this point is with regard to visitation rights which has been provided on the second and fourth Sundays of every month. In that regard, what is also to be taken into consideration is that though the Court below has granted the liberty to the respondent to take the children to his house during the said visitation right to be exercised, the same would not be practicable in the present circumstances inasmuch as the children are with the petitioner at Mysuru while the respondent- husband is the resident of Bengaluru. Therefore, even if the visitation right as ordered by the Court below on second and fourth Saturdays between 10.00 a.m. and 5.00 p.m. is to be exercised, the same can only be done in Mysuru. Therefore, to the extent of the Court below granting the visitation rights, at this juncture when there is no dispute between the parties that the respondent is the father of the children, it would not be appropriate to interfere with that portion of the order. However, taking into consideration the age of the children and also keeping in view the fact the children are presently residing with the petitioner, some adjustment is required to be made before the children get used to the respondent and are comfortable in spending time with the respondent on second and fourth Sundays. Therefore, before such visitation right is exercised, it is appropriate that the Court below shall ensure that the children are comfortable with the respondent. In the said process, the Court below shall list the case on Saturdays which is convenient to the Court below as well as the parties, with a direction to the petitioner to keep the children present in Court and the Court below shall arrange for appropriate visitation in the room provided in the Court to enable the children to develop a rapport with the respondent and on observing the same the Court below shall thereafter permit the visitation in the manner as has been ordered between 10.00 a.m. and 5.00 p.m. on the second and fourth Sundays if the Court below is satisfied that the children are thereafter comfortable with the respondent. The visitation shall be exercised in Mysuru itself.
6. Hence, with the said observation and direction to the Court below to take steps in the manner as indicated above, the instant petition stands disposed of.
Sd/- JUDGE *alb/-.