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2004 Supreme(SC) 118

SHIVARAJ V.PATIL, D.M.DHARMADHIKARI
Kumar V. Jahgirdar – Appellant
Versus
Chethana Ramatheertha – Respondent


JUDGMENT

Dharmadhikari, J.-Leave granted.

2. In these two appeals, the subject matter of dispute between the married couple, now separated by decree of divorce obtained on mutual consent under the provisions of Hindu Marriage Act, 1955, is their rival claim to the exclusive custody of their daughter - Aaruni who is now little above 9 years of age and is prosecuting her education in a well-known school in the city of Bangalore where the parties reside.

3. After obtaining divorce on mutual consent, the wife - Smt. Chethana Ramatheertha is re-married to Mr. Anil Kumble, a Cricketer of national and international repute. The Family Court of Bangalore by its judgment dated 20.4.2002, after considering the evidence led by the parents of the child, came to the conclusion that as the wife is re-married to a famous cricketer and is leading a different style of life involving frequent tours with her second husband for attending cricket events, there is likelihood of child developing distance and dislike for natural father. The exclusive custody of the child was directed to be given to the natural father with only right of visitations to the mother on every week on Sunday between 10 A.M. to 8 P.M




























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