Karnataka High Court
Shruthi vs Basawaraj on 19 March, 2025
Author: K Natarajan
Bench: K Natarajan
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NC: 2025:KHC-K:1713-DB
MFA No. 202499 of 2024
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 19TH DAY OF MARCH, 2025
PRESENT
THE HON'BLE MR. JUSTICE K NATARAJAN
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
MISC. FIRST APPEAL NO.202499 OF 2024 (GW/WC)
BETWEEN:
SMT. SHRUTHI
D/O SHANTAPPA NEELUR,
AGE: 33 YEARS, OCC: PVT SERVICE,
R/O C/O: SHIVASHANKAR NEELUR,
H.NO.132/4C, AIWAN-SHAHI QUARTER,
KALABURAGI-585103.
...APPELLANT
(BY SMT/KUM. SWATI M. N., ADV., FOR
SMT. GEETA ANNARAO SAJJANSHETTY, ADVOCATE)
Digitally signed
by NIJAMUDDIN
JAMKHANDI AND:
Location: HIGH
COURT OF
KARNATAKA BASAWARAJ
S/O SHANKARPPA PATIL,
AGE: 40 YEARS, OCC: PVT. SERVICE,
R/O: H.NO.1-149/101/3/16, GROUND FLOOR,
KOTAMBARI LAYOUT, SHAKTI NAGAR,
KALABURAGI-585103.
...RESPONDENT
(BY SRI. RAVINDRA H. BABALESHWAR, ADVOCATE)
-2-
NC: 2025:KHC-K:1713-DB
MFA No. 202499 of 2024
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 47 (A) OF GUARDIANS AND WARDS ACT, PRAYING
TO MODIFY THE JUDGMENT DATED 20.04.2023 PASSED BY
THE PRL. JUDGE, FAMILY COURT, KALABURAGI IN G AND
W.C.NO.05/2022 AND THE ORDER DATED 20.01.2024 PASSED
IN E.P.NO.29/2023 PASSED BY THE PRL. JUDGE FAMILY
COURT, AT KALABURAGI BY REDUCING THE NUMBER OF
HOURS AS WELL AS THE VISITATION TO BE VIA-VIDEO CALL
AND NOT IN PERSON, IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K NATARAJAN
AND
HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE K NATARAJAN)
This appeal is filed by the appellant - wife under
Section 47 (A) of the Guardians and Wards Act, 1890
(hereinafter referred as 'G & W Act') by challenging the
order of the Prl. Judge, Family Court, Kalaburagi in G &
W.C.No.5/2022 dated 20.04.2023, which is filed by the
respondent - husband under Section 10 of the G & W Act
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for granting the custody of the minor child -
Bhimshmagouda Patil and for visitation right and also the
order passed in Civil E.P.No.29/2023 dated 20.01.2024
wherein the Prl. Judge, Addl. Family Court, Kalaburagi, has
rejected the objection filed by the appellant - wife.
02. We have heard the arguments of learned
counsel for the appellant and the respondent and perused
the records.
03. The case of the appellant - wife is that the
respondent - husband filed a petition under Section 10 of
the G & W. Act, for seeking custody of the minor child,
alternatively seeking visitation right. It is alleged that the
marriage of the appellant and respondent was solemnized
on 06.05.2013. Out of their wedlock, the child was born on
01.05.2014. Due to dispute arose between the parties, the
husband has filed a petition in M.C.No.122/2016 seeking
restitution of conjugal rights, which was allowed. The
appellant - wife has filed maintenance petition in
Crl.Misc.No.69/2016, which was allowed. Thereafter,
finally they have filed a petition for divorce by mutual
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consent. A mutual divorce has been granted by the Family
Court. The respondent - husband also said to be paying
the maintenance to the wife and child. The custody of the
child was not given to the respondent - husband. Hence,
he has filed a petition for custody of the child and
visitation right.
04. The appellant - wife herein being the
respondent before the Family Court has objected the
petition contending that the respondent - husband has
addicted to the bad habits like alcohol, gambling etc., It is
not possible to give the child for custody to the husband.
Hence, prayed for dismissal of the petition.
05. After hearing the arguments and analyzing the
evidence of the respondent - husband, the Family Court
vide impugned order dated 20.04.2023 though rejected
the custody of the child, but granted the visiting right to
the respondent - husband to see the child on every 2nd
and 4th Sunday from 11:00 a.m. till 4:00 p.m. in the office
of the CDPO, at Kalaburagi till the child attains the age of
majority.
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06. It is further case of the respondent - husband
that subsequent to passing of the order, the appellant -
wife not produced the child at the CDPO Office, Kalaburagi
for complying the visitation rights. Therefore, the
respondent - husband constrain to file execution case in
Civil E.P.No.29/2023 before the Family Court. The
appellant - wife, as usual objected the petition and finally
the objection of the appellant - wife has been rejected and
visitation right has been confirmed by the Family Court.
07. Being aggrieved by the same, the appellant -
wife is before this Court.
08. While hearing the arguments, we have
interacted with the child in the presence of the parents.
09. It is admitted fact that the child born out of the
wedlock of the appellant and respondent. The respondent -
husband presently working at Bengaluru and the appellant
- wife is working at Kalaburagi. Of course the visitation
right granted by the Family Court, as the respondent -
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husband is the natural father is entitled to see the child
and see the welfare of the child and also he is paying the
maintenance regularly, even a lump sum amount was also
paid by him towards the arrears of maintenance.
10. Considering the facts and circumstances of the
case, we feel it proper that the order of the Family Court
does not call for any interference regarding providing the
visitation right to the respondent - husband. However, the
visitation right granted on every 2nd and 4th Sunday by the
Family Court will not advisable or feasible to visit the child
by the respondent - husband, as the CDPO, office which is
a Government Office used to close down during the
Sundays and nobody will take care to see if any untoward
incidents occur.
11. Therefore, the order of the Family Court
regarding visitation right given at the CDPO Office,
Kalaburagi required to be modified and should be given to
see the child by the respondent - husband in the Family
Court, Kalaburagi at District Court Premises, Kalaburagi.
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However, instead of 2nd and 4th Sunday, we feel it proper
that the visitation right is modified on every 1st and 3rd
Saturday between 2:30 p.m. and 06:30 p.m., it will meet
the ends justice.
12. The learned counsel for the respondent -
husband fairly admits for providing this opportunity to visit
at Family Court, Kalaburagi, in the District Court Premises,
at Kalaburagi itself on every 1st and 3rd Saturday. Hence,
we proceed to pass the following;
ORDER
I. The appeal is allowed in part.
II. The orders of the Family Court is modified as under:-
"The visitation right is granted to the respondent -
husband, and the appellant - wife shall produce the
child in the Family Court, at Kalaburagi, in the
District Court Premises, Kalaburagi, at 02.30 p.m.
and receive the child at 6.30 p.m. on every 1st and
3rd Saturday regularly till attaining the age of
majority of the child."
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III. It is needless to observe that the appellant - mother
shall not refuse to provide the child, in the name of
any illness etc., otherwise she should intimate in
advance to the respondent - husband regarding ill-
health of the child if any.
IV. The respondent - father is also permitted to provide
any gift or dress material or any eating items to the
child and should not be refused by the appellant -
mother.
V. The respondent is also permitted to bring their
parents to see the child.
VI. The office is directed to intimate this order to the
Family Court at Kalaburagi, forthwith.
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In view of the disposal of the main appeal, the
pending I.As. do not survive for consideration, hence, they
are also disposed of.
Sd/-
(K NATARAJAN)
JUDGE
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
KJJ
CT:SI
