Karnataka High Court
Subhash vs Madegowda on 2 June, 2023
Bench: Alok Aradhe Hegde, Arhj
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MFA No. 6010 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JUNE, 2023
PRESENT
THE HON'BLE MR JUSTICE ALOK ARADHE
AND
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
MISCELLANEOUS FIRST APPEAL NO. 6010 OF 2018 (GW)
BETWEEN:
1. SUBHASH,
S/O CHANNAIAH @ HOTTAPPA,
AGED ABOUT 57 YEARS,
2. SMT.GEETHA,
W/O SUBHASH,
AGED ABOUT 47 YEARS,
3. SMT.GULABI
W/O SATHISH,
AGED ABOUT 32 YEARS
BOTH ARE RESIDING AT
Digitally THUMBAKERE VILLAGE,
signed by MANDYA TALUK AND DISTRICT,
PRAMILA G V PIN - 571404.
Location: ...APPELLANTS
HIGH COURT
OF (BY SRI M.S.MANJANNA, ADVOCATE)
KARNATAKA AND:
MADEGOWDA,
S/O CHIKKA MADEGOWDA,
AGED ABOUT 54 YEARS,
R/O. D NO.3,
1ST CROSS, SHIVASHANKARA NAGARA,
ANDHRAHALLI,
BANGALORE-560 091.
...RESPONDENT
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MFA No. 6010 of 2018
(BY SRI S. MUBARAK BEGUM, ADVOCATE)
THIS MFA IS FILED U/S 47(a) OF GUARDIANS AND
WARDS ACT, AGAINST THE ORDER DATED 19.06.2018,
PASSED IN G & WC. NO.16/2016, ON THE FILE OF THE II
ADDITIONAL DISTRICT & SESSIONS JUDGE, MANDYA,
ALLOWING THE PETITION FILED UNDER SECTION 10 OF
GUARDIANS AND WARDS ACT, 1890.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal under Section 47(a) of the Guardians and
Wards Act, 1890 (hereinafter for short referred to as 'the Act')
has been filed by the maternal grand parents as well as the
aunt of the children against the order dated 19.06.2018 passed
by the trial Court in G & WC No.16/2016 by which the
respondent has been appointed as guardian of the minor child
namely Kumari Amulya.
2. Facts:
The admitted facts in this appeal are that respondent's
son namely Dilip married one namely Abhilasha, daughter of
appellants No.1 and 2 on 01.07.2013. Out of the wedlock a
daughter namely Kumari Amulya and a son namely Sachin
Gowda were born. Unfortunately, this children lost their parents
in an accident on 26.06.2016.
MFA No. 6010 of 2018
3. Thereafter, the respondent who is the paternal
grandfather of the children namely Kumari Amulya and Sachin
Gowda, filed a petition under Section 10 of the Act, seeking his
appointment as guardian in respect of the daughter namely
Kumari Amulya and sought for a direction to the appellants
herein to handover the custody of the minor daughter.
4. The aforesaid petition has been allowed by the trial
Court by order dated 19.06.2018 and the respondent who is
the paternal grandfather of Kumari Amulya has been appointed
as guardian. It is not in dispute that in compliance, on account
of subsequent events, both the children namely Kumari Amulya
and Sachin Gowda are in the custody of the respondent who is
the paternal grandfather.
5. Learned counsel for the appellants submits that the
appellants are confining their challenge to the impugned order
dated 19.06.2018 only to the extent it deprives them to the
visitation rights. It is further submitted that the appellants No.1
and 2 who are the maternal grand parents of the children as
well as appellant No.3 who is the aunt of the children should be
granted visitation rights.
MFA No. 6010 of 2018
6. The aforesaid submission has not been fairly
opposed by the learned counsel for the respondent and she
submits that the respondent has no objection if visitation rights
are granted to the appellants.
7. We have considered the rival submission made on
both sides.
8. This Court has to ensure that sufficient visitation
rights are given to a party who is not appointed as guardian so
that the child does not loose social, physical and psychological
contact with the other party. A party who is denied the
guardianship of the child should have access to the child. It is
in the best interest of the children to have love and attention of
both the grand parents and we see no reason to deprive the
children of the love and care of their maternal grand parents.
In view of the consensus arrived at between the parties with
regard to the visitation rights, we issue following directions:
(1) The appellants shall be entitled to spend time
with the children namely Kumari Amulya and
Sachin Gowda on 1st Sunday of every month
between 10:00 a.m. to 6.00 p.m.
MFA No. 6010 of 2018
(2) On 1st Sunday of every month the respondent
shall handover the custody of the children to
appellants and they shall spend time with the
children and shall handover their custody
before 6:00 p.m. to the respondent.
(3) The appellants shall also be entitled to spend
10 days during the Summer Vacation of the
children and one week during the Dasara
Vacation of the children.
(4) In addition, appellants shall be entitled to
communicate with the children through
telephone/video call/skype between 06:00 pm
to 07:00 p.m., twice in a week.
(5) Respondent shall also provide school calendar
of the children with the list of holidays along
with the dates of examination to the
appellants.
To the aforesaid extent the order dated 19.06.2018
passed by the trial Court is modified.
MFA No. 6010 of 2018
In the result, the appeal is disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
GVP
