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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
LALITHA KANNEGANTI
Ravishankar K.S., S/o Srikantiah K.C. – Appellant
Versus
Ashwini K.S., W/o Ravishankar K.S. – Respondent
| Table of Content |
|---|
| 1. interim custody and visitation rights detail. (Para 1 , 2) |
| 2. court interactions promoting visitation. (Para 3 , 4 , 5) |
| 3. assets and liabilities disclosure needed. (Para 6 , 7) |
| 4. ongoing adjustments to visitation arrangements. (Para 8 , 9) |
| 5. child's health and emotional state considered. (Para 10 , 11) |
| 6. conclusive orders on custody and responsibilities. (Para 12) |
ORDER :
LALITHA KANNEGANTI, J.
Aggrieved by the orders passed on I.A.No.2 in G & WC No.257/2021 dated 18.12.2021 passed by the III Additional Principal Judge, Family Court, Bengaluru, the Father as well as the mother are before this Court. The father's writ petition is WP.No.1912/2022 and the mother's writ petition is WP No.20817/2022 and another writ petition is filed by the father i.e., WP.No.4987/2024.
2. The family court has passed an order whereby the father was entitled for interim custody of the child on any two weekends in a month and preferably during the first Sunday and third Sunday of the month with prior intimation to the respondent. He shall pick up the child on Friday evening at 07.00 p.m. and shall drop the child at 05.00 p.m. on Sunday without disturbing the studies of the child and also the
The court determined that emotional well-being of the child is central in custody disputes and mandated counseling alongside modified visitation rights.
Visitation rights must prioritize children's well-being, with court orders emphasizing compliance for maintaining educational and welfare standards during custody exchanges.
Visitation rights cannot be unilaterally modified; the child's best interest must be prioritized, ensuring emotional bonds with both parents.
Custody of child – Court is required to decide issue of visitation on the basis of what is in best interest of child.
Minor child needs love, affection, company and protection of both parents, which is his basic human right.
The welfare of the child is paramount, requiring both parents to foster a loving relationship and avoid parental alienation.
The court emphasized that visitation rights for non-custodial parents are essential for the child's welfare, ensuring they maintain contact with both parents.
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