Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Kar) 464

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
LALITHA KANNEGANTI, J.
Sri. Ravishankar K.S., S/o Srikantiah K.C. - Appellant
Versus
Smt. Ashwini K.S., W/o Ravishankar K.S. - Appellant
WRIT PETITION NO. 1912 OF 2022 (GM-FC) C/W WRIT PETITION NO. 20817 OF 2022 (GM-FC), WRIT PETITION NO. 4987 OF 2024 (GM-FC)
Decided on : 18-06-2025

Advocates:
Advocate Appeared:
For the Appellant :SRI.DHANANJAY JOSHI, SR. COUNSEL FOR SMT.AISHWARYA R., ADVOCATE)
For the Respondent:SRI.B.S.PRASAD, ADVOCATE

The court determined that emotional well-being of the child is central in custody disputes and mandated counseling alongside modified visitation rights.

Headnote:(A) Family Law - Child Custody - Interim Visitation Rights - The Family Court granted interim custody to the father for weekends and special occasions, prioritizing the welfare of the child, who has shown reluctance to engage with the father due to emotional distress. The court emphasized the importance of the mother facilitating the bonding process. (Paras 2-12)

(B) Child Welfare - Psychological Considerations - The court ordered the child to receive counseling for his apprehension towards the father, underlining the need for gradual reintroduction and monitoring of interactions. (Paras 11-12)

(C) Maintenance - Disputes on Financial Obligations - The parties were instructed to file statements of assets and liabilities pertaining to maintenance issues. (Para 6)

Facts of the case:
This judgment relates to custody and visitation disputes between divorced parents concerning their child, addressing the father's visitation rights and the child's psychological well-being after heart surgery.

Findings of Court:
The court affirmed the need for gradual parent-child bonding and instructed regular psychological assessments.

Issues: Main issues include the best interests of the child in custody arrangements and the adequacy of the father's financial support.

Ratio Decidendi: The court ruled that emotional and psychological considerations are paramount in custody arrangements, emphasizing that coercive measures could exacerbate the child's distress.

Result: The order on interim custody and visitation was modified, with provisions for counseling.

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 father is entitled to celebrate the birthday of the child and mother shall hand over the child to the interim custody of the father on birthday of the child from 10.00 a.m. to 3.00 p.m. and he shall pick up and drop the child at the mother's house and also the mother shall hand over the child to the interim custody of the father for 8 days during the winter vacation and for 15 days during the summer vacation. It is also observed that the father is entitled for communication, right to speak with the child through video call for 1 hour on every 2^nd and 4^th Sunday between 10.00 a.m. to 11.00 a.m. or 05.00 p.m. to 06.00 p.m.This order is dated 18.12.2021.

3. In WP.No.4987/2024 a series of orders are passed by this court. The matter has come up before this court on 27.03.2024. From 27.03.2024 several orders are passed by this court and this court has made all the efforts to see that the father gets the visitation and he will be able to spend the time with the child. Wherein on 27.03.2024 an order was passed by this Court after interacting with the child whereby the father, mother and the boy shall go to the Phoenix Mall, Bangalore on Sunday i.e., on 31.03.2021 and father can exercise the visitation rights from 11.00 a.m. to 3.00 p.m. The boy was reluctant to go along with the father, this Court had asked the mother shall also accompany the boy.

4. This court had again interacted with three of them on 02.04.2024. On that day it is submitted that everything went on well, in the earlier meeting and the boy expressed that he is little confused whether to talk or not to talk and also afraid that father might take him away. Then the Court observed that under these circumstances, things have to be taken slowly as it is concerning the welfare of the minor. Then the Court had passed an order permitting the father to exercise the visitation on 25.05.2024, 26.05.2024 and 01.06.2024 from 11.00 a.m. to 3.00 p.m. at Cubbon Park. On 03.07.2024, when the Court interacted with the boy in the chambers, he stated that he had good time because of the place but not because of the father. The father has submitted that boy is always with his mother and he never had a good time to spend with the child, as the mother was also accompanying him during the investigation. If an opportunity is given to him to spend time alone with the child, it will help him to develop the bonding with the child.

During the course of interaction the child got an impression as if this Court is going to give the custody to the father, he started crying and saying that he wants to be with his mother. Then this court has observed that it is the responsibility of the mother to see that the child interacts with the father and the boy develops a good vibe with his father as she has full control over the child.