THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A DIRECTION TO MODIFY THE ORDER DATED 23.10.2025 PASSED BY THE HONORABLE JUDGE FAMILY COURT AT BANGALORE IN MC NO. 2384/2024 AS PER ANNX-D, IN FAVOUR OF THE PETITIONER.

THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 11.03.2026 AND COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:

CAV ORDER

This petition is filed seeking to modify the order dated 23.10.2025 passed in M.C.No.2384/2024on I.A.No.6 dated 13.08.2025, whereby visitation rights have been granted to the petitioner as per Annexure-D on the file of the V Additional Judge, Family Court at Bangalore (hereinafter referred to as ‘the Family Court’ for short).

The petitioner herein is the father and the respondent herein is the mother of the child.

The brief facts of the case are that:-

The marriage between the petitioner/father and the respondent/mother was solemnized on 19.01.2017 at Ascension Church, Bengaluru, as per Christian rites and customs. Out of the wedlock, two daughters were born, namely Kum. Ivana Rajiv aged about 6 years and Kum. Talia Rajiv aged about 4 years. The respondent herein filed M.C.No.2384/2024 on 15.04.2024 seeking dissolution of marriage under Section 10(1)(iii)(x) of the Indian Divorce Act, 1955.

During the pendency of the said proceedings, the petitioner filed I.A.No.6 dated 13.08.2025 under Section 151 of CPC seeking visitation rights to the minor daughters.The respondent did not file objections to the said application but filed a memo seeking to allow the application subject to certain conditions.The petitioner opposed the said conditions.

The respondent did not file objections to the said application but filed a memo stating that the application for visitation may be allowed subject to the following conditions:

(a) change of wordings in the visitation petition, alleging that it contains the words “full custody”;

(b) visitation to be permitted only on every Sunday between 12:00 p.m. and 5:00 p.m.;

(c) visitation to be allowed only in a public place and the petitioner shall not take the children to his house;

(d) once visitation is granted, the petitioner shall not visit the children near or outside their school;

(e) the petitioner shall pick up and drop the children from the respondent’s house/outside the gate;

(f) the petitioner shall participate in the children’s school requirements and both parties shall share Aadhaar details for school purposes;

(g) the petitioner shall take care of the school fees of the children; and

(h) the respondent shall clear her belongings from the petitioner’s house once visitation is granted.

The petitioner opposed the aforesaid conditions and specifically contended that the application for visitation did not contain any reference to “full custody” and that he does not concede to the conditions imposed in the memo filed by the respondent.

The Family Court, after hearing both parties, by order dated 23.10.2025, allowed the application and granted visitation rights to the petitioner to meet the minor daughters every Sunday from 10:30 a.m. to 1:30 p.m. in a park near the respondent’s residence. The Family Court further directed that:

(i) the visitation shall be without affecting the health and education of the children;

(ii) the petitioner shall pick up and drop the children;

(iii) the petitioner shall not give objectionable food which is harmful to the health of the children during visitation; and

(iv) such arrangement shall continue till disposal of M.C.No.2384/2024.

The Family Court has also observed that insofar as the conditions relating to school access, participation in school activities, payment of school fees and other ancillary aspects are concerned, the respondent is at liberty to seek appropriate reliefs by filing separate applications, and that the present application was confined only to visitation rights.

Aggrieved by the same, the petitioner i