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CCC No. 100161 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 16TH DAY OF SEPTEMBER, 2022
PRESENT
THE HON'BLE MR JUSTICE B.M.SHYAM PRASAD
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
C.C.C. NO.100161 OF 2022 (CIVIL)
BETWEEN:
SMT SNEHAL
W/O VIJAY BHATKANDE,
AGE. 28 YEARS, OCC. HOUSEWIFE,
R/O. SAMBHAJI GALLI,
MAHADWAR ROAD,
BELAGAVI - 590001.
&COMPLAINANT
(BY SRI. DIWAKAR G. BHAT, ADVOCATE)
AND:
SHRI VIJAY
S/O SUDHIR BHATKANDE
AGE. 35 YEARS, OCC. SERVICE,
R/O. SRI VIJAY BUILDING,
PLOT. NO. 6 SARAF COLONY, TIKALWADI,
BELAGAVI - 590006.
&ACCUSED
(BY SRI. SOURABH HEGDE, ADVOCATE)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF
THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF
CONSTITUTION OF INDIA,1950, PRAYING THIS HON BLE
COURT TO ISSUE SUMMONS, TO THE ACCUSED AND TO DEAL
WITH HIM IN ACCORDANCE WITH LAW FOR WILLFULLY AND
DELIBERATELY NOT COMPLYING WITH THE ORDERS PASSED
BY THIS HON BLE COURT ON 14.03.2022 IN WRIT PETITION
NO.100114/2022; AND DIRECT THE ACCUSED TO COMPLY
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CCC No. 100161 of 2022
THE DIRECTIONS OF THIS HON BLE COURT AND TO HAND
OVER THE CUSTODY OF THE MINOR SON-GAURIK VIJAY
BHATKANDE TO THE COMPLAINANT, IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS CCC COMING ON FOR ORDERS THIS DAY,
B.M.SHYAM PRASAD, J, MADE THE FOLLOWING:
This complaint is filed by the mother of a minor child
complaining that the father of the child is in deliberate
disobedience of this Court9s order in W.P. No. 100114/2022
which is decided on 14th March 2022. The father, who has
the custody of the child, in terms of this Court9s order, has
to handover the custody to the mother subject to visiting
rights as reserved therein, and this arrangement is directed
to prevail between the parents until the disposal of the
proceedings in G & WC No.1/2021 on the file of the Family
Court, Belagavi.
2.
This
Court
during
the
pendency
of
the
proceedings, to ensure that there is no precipitation, and the
parents co-operate with each other in exchange of the
custody to bring about the best possible congenial
environment for the minor child, called upon the parents to
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agree on interregnum visiting rights for the mother before
there is exchange of the minor9s custody. It is recorded by
this Court, and it is reported by the learned counsels for the
parties, that the mother is given such visiting rights in terms
of this Court9s orders until now and the father has
undertaken to handover the custody of the child, subject to
his visiting rights, on 30th of September 2022.
3.
The parents have now filed a Joint Memo which
reads as under:
<1. The Accused / husband undertakes to deliver the
custody of his Son- Master Gauraik Vijay Bhatkande
to the Complainant/wife on or before 30/09/2022.
2. The Accused / husband undertakes to Comply the
Order dated 14.03.2022 in WP No.100114/2022
and the arrangement thereunder.
3. It has been agreed that in case the Accused fails to
comply the above terms and fails to comply the
Order dated 14.03.2022 in WP No.100114/2022,
the complainant shall have right to reopen the
instant contempt petition.
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4. The Complainant too agrees and undertakes to
comply the order passed dated 14.03.2022 in WP
No.100114/2022 and arrangements there under
5. The parties agree and undertake to open a account
in the name of their Son Master Gauraik Vijay
Bhatkande (in any nationalized bank) and further
undertake to deposit minimum amount of Rs.5,000/-
( Rupees Five Thousand) each (Rs. 10,000/- (Rupees
Ten Thousand in total) per month to the said Bank
Account. The Petitioner- mother shall operate the
said account. The amount in the said account shall
be only used to meet the educational and other
expenses of Master - Gauraik Vijay Bhatkande.
6. In addition to Master - Gauraik Vijay Bhatkande
staying in the house of Accused-Father during every
first, third and fifth weekend of the month as per the
order dated 14.03.2022 in WP No.100114/2022, it
is agreed that, the child would stay in the house of
Father on every second weekend also.
7. The Parties hereby agree that arrangement made in
this Joint Memo shall be continued till disposal of the
G & WC 1/2021, pending on the file of Family Court,
Belagavi.=
4.
Sri. Diwakar G.Bhat, the learned counsel for the
mother, submits that though the mother has agreed to
contribute a sum of Rs.5,000/- per month for the
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upbringing of the child, she would request, through this
Court, the father to consider agreeing to her contributing
Rs.3,000/- per month because of her limited salary of
Rs.8,500/- per month. Sri. Sourabh Hegde, the learned
counsel for the father, on instructions, submits that the
mother could be accordingly permitted.
5.
Further, on behalf of the father, Sri. Sourabh
Hegde submits that he would request the mother, again
through this Court, to share the bank account statement at
least once in two months to ensure that there is
transparency and confidence building on the front of
co-operating in giving a good upbringing of the child without
acrimony. Sri. Diwakar G.Bhat, on instructions from the
mother, signifies her assent thereof.
6.
With the terms of the Joint Memo and the
aforesaid submissions being taken on record, the contempt
proceedings must be closed. But, given the age of the
parents and the minor9s interest, this C
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