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2022 Supreme(Online)(Kar) 57088

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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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