Karnataka High Court
Mr.Sriram Ramachandran vs Mrs Sangeetha Sriram on 12 October, 2023
Bench: Chief Justice, Krishna S Dixit
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CCC No. 325 of 2023
C/W MFA No. 3481 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF OCTOBER, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
CIVIL CONTEMPT PETITION NO. 325 OF 2023
C/W
MISCELLANEOUS FIRST APPEAL NO. 3481 OF 2020
IN CCC No.325/2023:
BETWEEN:
SRIRAM RAMACHANDRAN,
S/O G. RAMACHANDRAN,
AGED ABOUT 46 YEARS,
RESIDING AT A 407, MAURISHKA PALACE,
KADRI KAMBLA ROAD, MANGALORE-575 003.
...COMPLAINANT
(BY MR.SRIRAM RAMACHANDRAN.,PARTY-IN-PERSON)
Digitally signed
by SHARADA AND:
VANI B
Location: HIGH SANGEETHA SRIRAM,
COURT OF W/O MR. SRIRAM RAMACHANDRAN,
KARNATAKA AGED ABOUT 42 YEARS,
RESIDING AT 1103,
MARIAN PROMENADE APARTMENTS,
KADRI KAMBLA ROAD, KADRI, MANGALORE-575 004.
...ACCUSED
(BY MS.LEKHA G D., ADVOCATE FOR
SRI. GOVINDRAYA KAMATH K.,ADVOCATE)
THIS CCC IS FILED UNDER SECTIONS 10 AND 12 OF
THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO PASS
NECESSARY ORDER TO INITIATE CONTEMPT PROCEEDINGS
AGAINST THE ACCUSED UNDER SECTION 10 AND 12 OF THE
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CCC No. 325 of 2023
C/W MFA No. 3481 of 2020
CONTEMPT OF COURTS ACT, 1971, READ WITH ARTICLE 215
OF THE CONSTITUTION OF INDIA FOR DELIBERATE
DISOBEDIENCE OF THE ORDERS DATED 27.01.2023, PASSED
BY THE HONBLE HIGH COURT IN MFA NO.3481/2020 WHICH IS
PRODUCED AS ANNEXURE A.
IN MFA No.3481/2020:
BETWEEN:
MR. SRIRAM RAMACHANDRAN,
S/O G. RAMACHANDRAN,
AGED ABOUT 46 YEARS,
RESIDING AT B 508, ST.JOHNS WOODS APARTMENT,
NEAR TAVAREKERE MAIN ROAD,
BANGALORE - 560 029.
...APPELLANT
(BY MR.SRIRAM RAMACHANDRAN.,PARTY-IN-PERSON)
AND:
MRS. SANGEETHA SRIRAM,
W/O MR. SRIRAM RAMACHANDRAN,
C/O JAI KUMAR JEGANATHAN,
AGED ABOUT 39 YEARS,
RESIDING AT 6A, KAMBLA HEIGHTS,
KADRI KAMBLA ROAD, KADRI,
MANGALURU- 575 004.
...RESPONDENT
(BY MS.LEKHA G D., ADVOCATE FOR
SRI. K G KAMATH.,ADVOCATE)
THIS MFA IS FILED UNDER SECTION 47(A) OF
GUARDIANS AND WARDS ACT, 1890 R/W UNDER SECTION 19
OF FAMILY COURTS ACT, 1984, AGAINST THE JUDGMENT AND
ORDER DATED 17.02.2020, PASSED IN G AND W.C.
No.8/2018, ON THE FILE OF THE I ADDITIONAL PRINCIPAL
JUDGE, FAMILY COURT, D.K., MANGALURU, PARTLY ALLOWING
THE PETITION FILED U/SEC 7 AND 8 OF THE GUARDIAN AND
WARDS ACT OF 1980.
THIS CCC AND THIS MFA COMING ON FOR ORDERS THIS
DAY, CHIEF JUSTICE MADE THE FOLLOWING:
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CCC No. 325 of 2023
C/W MFA No. 3481 of 2020
ORDER
The complainant party-in-person is present in this
court personally. Respondent is represented by Counsel.
2. Vide order dated 10.10.2023 it was observed by
us that we had long and meaningful interaction with the
parties and the minor children. Then there is a reference
made to the submission of complainant on the response of
the respondent-accused. The counsel representing the
respondent-accused submits that though the reply to the
complaint of contempt was ready yesterday itself it could
not be filed in the office and the same is filed in the Court
today, after serving copy of the complainant. Suffice it
say, non-compliance of the order of this court seems to be
for the reason reflected in para 12. The respondent-
accused is a doctor and specialist Ophthalmology surgeon
and she has been on hospital duty till 5.00 p.m. from
Monday to Saturdays and even on Sunday she will be on-
call duty for emergency cases. This factual aspect was
also shared by the respondent-accused in the interaction
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done in the chamber hearing on 10.10.2023. Thus it can
safely be stated that non-compliance of some occassions
was due to bona fide reasons and the same was not
intentional.
3. It seems that the respondent-accused is
approaching this court with a positive response which
needs to be appreciated. We may refer to para 13 of the
reply affidavit and the same reads as under:
"13. The respondent respectfully submits
that Respondent has no objections for
Complainant spending quality time with the
children and creating a loving and happy
environment for the children. The Respectfully
humbly request this Hon'ble Court to modify
the visitation rights of the Complainant so as to
enable the Complainant to spend quality time
with the children, which can help the children
to develop a bond between the Complainant
and the children. The Respondent has no
objections in children spending the Saturday
afternoon and evening with the Complainant
after their school hours i.e., form 12:30 pm till
7 pm. The Complainant, at all times, is free to
take the children and safely bring them back,
as per the directions of this Hon'ble Court, the
Respondent has no intent to come in the way of
children bonding with their father or spending
quality time with him."
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4. The respondent-accused is justified in giving a
positive response in para 13 of the reply by submitting
that she has no objection for modification of the visitation
rights of the complainant so as to enable him to spend
quality time with children which can help in developing a
bond between them. It is further submitted that the
respondent has no objection for the children spending time
Saturday afternoon and evening, with the complainant
from 12.30 pm till 7.00 pm., after the school hours and
further that the complainant at all times is fee to take the
children and safely bring them back as per the directions
of this court and the respondent has no intent to come in
the way of children bonding with their father or spending
quality time with him.
5. Accepting the above submissions, we are of the
opinion that the respondent-accused has not committed
any act of willful disobedience of the order of this court.
Accordingly accepting the suggestion of the complainant
for modification of the visitation rights, we direct the
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respondent-accused to permit the complainant to have the
visitation rights on every Saturday from 12.30 pm to 7.00
pm; complainant can take the children along with him
from the house of respondent-accused and shall leave
them back safely hours to the house of the respondent-
accused after the visitation.
6. It was submitted in the interaction that the
children will have Dussehra vacation and some
arrangement is made by this court for visitation rights
during the said so that the parties need not come to court
separately. The complainant submits that he be given an
opportunity to spend quality time with the children in the
ensuing Dussehra vacation as he will also be having such a
vacation and that will help him create the bond between
himself and the children. This is a reasonable request and
just too.
Accordingly, we permit the complainant to have
visitation rights with the children for four days i.e., from
14th October 2023 from 11.00 a.m. till 7.00 p.m. of 17th
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October, 2023. It is needless to state that the
complainant shall pick the children up from the residence
of respondent on 14th October 2023 at 11.00 am and drop
them back safely on 17th October 2023 at 7.00 p.m. at the
residence of respondent. We further make it clear that in
view of this arrangement, the respondent-accused need
not handover the custody of children on the intervening
Sunday. We also make it clear that during the period of
visitation rights, the complainant shall not prevent the
respondent-accused from communicating with the children
by telephonic mode ie., by making phone calls or video
calls.
Ordered accordingly and the Complaint of contempt
is disposed off.
JUDGMENT IN M.F.A. No. 3481 OF 2020
In view of the modified arrangement of visitation
rights and in the back drop of submissions of the parties,
nothing remains to be decided in this appeal and as such,
M.F.A. is also disposed off.
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CCC No. 325 of 2023
C/W MFA No. 3481 of 2020
All pending I.As. stand disposed off. Registry to send
back the records to the trial Court.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
Snb/
