Karnataka High Court
Smt Yashasvini H S vs Sri Pradeep on 20 July, 2023
Bench: Krishna S.Dixit
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NC: 2023:KHC:25255
WP No. 15550 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 15550 OF 2023 (GM-FC)
BETWEEN:
SMT. YASHASVINI H S,
W/O PRADEEP ,
AGED ABOUT 39 YEARS,
RESIDING AT PRAMUR ADONIS APARTMENT,
NO 404, 4TH FLOOR, 7JJ6 XF3,
OFF RING ROAD, KANAKADASA NAGAR,
DATTAGALLI 3RD STAGE, MYSURU - 570 022.
...PETITIONER
(BY SRI. C K NANDA KUMAR., SENIOR COUNSEL A/W
SRI. SIDDHARTH P DESAI.,ADVOCATE)
AND:
SRI. PRADEEP,
S/O SRI PUTTAIAH D,
Digitally signed
by SHARADA AGED ABOUT 41 YEARS,
VANI B RESIDING AT NO. 35,
Location: HIGH ANNAPOORNESHWARI,
COURT OF
KARNATAKA MMG LAYOUT, BEML,
RAJARAJESHWARI NAGARA,
DATTAGALLI, MYSURU - 570 033.
...RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA, PRAYER TO CALL FOR RECORDS
IN G AND WC NO 2/2023 PENDING BEFORE THE HONBLE II
ADDL PRINCIPAL JUDGE, FAMILY COURT AT MYSURU AND
QUASHING / SETTING ASIDE THE IMPUGNED ORDER DATED
14/07/2023 PASSED ON INTERLOCUTORY APPLICATION NO. III
IN G AND WC NO 2/2023 ON THE FILE OF THE HONBLE II
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WP No. 15550 of 2023
ADDL PRINCIPAL JUDGE, FAMILY COURT AT MYSURU
(ANNEXURE-A) AND ETC.,
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner-wife is knocking at the doors of writ court
for assailing the Mysore Family Court order dated
14.07.2023 whereby certain visitation rights have been
granted in respect of the minor ward. This order has been
made on respondent's application I.A.No.3 filed u/s.12 of
the Guardian and Wards Act, 1890.
2. Learned Sr. Advocate appearing for the petitioner
argues that the rights granted under paragraphs (i) & (ii)
of the operative portion of the impugned order virtually
amount to depriving his client's custody of the minor ward
and therefore the same need to be trimmed to accord with
the content & intent of the order itself.
3. Having heard the learned counsel for the petitioner
and having perused the petition papers, this Court declines
indulgence in the matter inasmuch as the subject visitation
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WP No. 15550 of 2023
rights do not amount to depriving the custodial right of the
petitioner. This becomes clear by a mere perusal of the
following text of the said paragraphs:
"i) The petitioner will be entitled to meet the
minor ward on every Saturday and during such
visit, the petitioner will take the minor ward
form the custody of the respondent and spend
quality time with the said ward for 2(two)
hours, i.e., from 6.30 pm to 8.30 pm.
ii) On the birthday o the minor ward, the
petitioner can have the custody of the said
ward at least for 3 hours between 10am to 5
pm, by giving prior intimation to the
respondent."
4. Even otherwise, the limited visitation rights that
have been accorded in favour of the respondent-husband
are perfectly in accord with parenting jurisprudence and
there is nothing unusual in them. Added, under the
subject paragraphs the respondent-father is permitted to
take the minor ward from the hands of its mother only for
a period of two hours i.e., from 6.30 p.m. to 8.30 p.m.
Merely because the learned Judge of the Court below has
employed the term "from the custody of the respondent"
in the said order, it cannot be argued that custody has
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WP No. 15550 of 2023
been given to him depriving the petitioner thereof. The
text of the orders has to be understood keeping in view its
general tenor unlike in the case of construction of statutes,
unless there is something technical.
In the above circumstances, writ petition being
thoroughly devoid of merits is liable to be rejected in
limine and accordingly it is.
Registry is directed to send a copy of this judgment
to the respondent.
Sd/-
JUDGE
Bsv
