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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
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 day
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.
Custody decisions are centered on the welfare of the children, prioritizing safety and stability, and considering the ambiguous conduct of the mother.
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.
The court established that child welfare is the primary consideration in custody disputes, advocating for amicable resolutions over contentious litigation.
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