Writ Petition No. 14095 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:23899 WP No. 14095 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 14095 OF 2025 (GM-FC) BETWEEN: SMT. SOWMYA C., D/O CHANNAPPA, AGED ABOUT 32 YEARS, R/AT NO.3, 2ND ‘C’ CROSS, 2ND MAIN ROAD, TALACAUVERY LAYOUT, BYTARAYANPURA, BANGALORE-560 092 Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
Legal Reasoning
(BY SRI. VENKATESH PRASAD R., ADVOCATE) …PETITIONER AND: SRI MANOHITH R.M., S/O A.R.MUNISWAMY, AGED ABOUT 35 YEARS, R/AT NO.67, 2ND MAIN ROAD, 2ND CROSS ROAD, SIR M.V. LAYOUT, KODIGEHALLI, VIDYARANYAPURA, BANGALORE-560 097 (BY SRI. SANJAY NAIR, ADVOCATE) …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, RAYING TO QUASH THE IMPUGNED ORDER DATED 29/04/2025 UNDER ANNEXURE-A PASSED BY THE HONBLE II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BANGALORE, IN M.C NO. 431/2024. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 2 - NC: 2025:KHC:23899 WP No. 14095 of 2025 HC-KAR ORAL ORDER Aggrieved by the orders passed on I.A.No.6 in MC No. 431/2024 dated 29.04.2025 by the II Addl. Principal Judge, Family Court, Bangalore, the wife is before this court. 2. The Family Court had granted visitation on 1st and 3rd Saturday of every month from 03.00 p.m. to 05.00 p.m. under the supervision of mother at the visitation room of Family Court, Bangalore and also granted visitation on son's birthday from 05.00 p.m. to 7.00 p.m. in any public place near the residence of the mother under her supervision and with prior intimation to the mother and the mother is aggrieved by the said order. The family court while granting the visitation to the father it is observed that the husband that has developed major depressive disorder and constantly taking medical treatment. It appears that in the present situation of the husband, he is not in a position to take care of the son if the custody of the child is granted in his favour. Further the court observed that he is none other than the biological father of the child, who is aged 3-4 years and is having every right to spend quality time with the child. Similarly, the child is also in need of love and - 3 - NC: 2025:KHC:23899 WP No. 14095 of 2025 HC-KAR affection from both the parents. Hence, it is not proper to deny the visitation and accordingly granted the visitation to the father on the birthday of the child. 3. When the matter came up on the last occasion on 23.06.2025 this court had passed an order permitting the father to have the visitation on 28.06.2025 between 3.00 p.m. to 4.00 p.m. under the supervision of the mother at visitation room of family court, Bangalore and it is also directed that there shall be absolute co-operation from the mother in complying with the orders passed this court. 4. Learned counsel appearing for the mother submits that the child was not comfortable going to the father for visitation. Further the learned counsel submits that the father is suffering from Schizophrenia and it is not in the interest of the child. It is also submitted that spending the time on the son's birthday was never asked for and the family court without there being any prayer had granted the same. It is submitted that considering the health condition of the father, the court ought not to have passed this order and the order impugned needs to be set aside. - 4 - NC: 2025:KHC:23899 WP No. 14095 of 2025 HC-KAR 5. Learned counsel appearing for the respondent/father submits that the father was taking treatment and now he is absolutely fine and in fact the visitation went on well. It is further submitted that when the visitation is happening in the visitation room under the supervision of the mother, the mother cannot have any apprehension. It is submitted that there are no grounds to interfere. 6. Having heard the learned counsels on either side perused the entire material on record. The father himself has submitted before the court that earlier he developed a major depressive disorder and constantly taking medical treatment. According to the learned counsel for the father, at this point of time, he is feeling better and he has come out of the problem. The same is denied by the learned counsel for the mother. According to the mother, the order is passed without even going into the merits of the matter, what is the state of mind or how the husband’s health condition as of now. The family Court had only permitted the father to have the visitation under the supervision of the mother in the visitation room of Family Court, Bangalore. The mother cannot have any problem with - 5 - NC: 2025:KHC:23899 WP No. 14095 of 2025 HC-KAR this order because under the constant supervision of the counsellor the visitation will be going on and the visitation room has CCTV cameras. If anything happens that will be recorded and will be placed before the court. Then coming to the second limb of the order that the son's birthday can be celebrated from 05.00 p.m. to 07.00 p.m. in any public place near the residence of the mother under the supervision, considering the apprehensions that is raised by the mother, this part of the order, needs to be modified. Accordingly, this court is passing the following:
Decision
ORDER i. On the birthday of the child, father can spend time between 03.00 p.m. to 05.30 p.m., in the visitation room of the Family Court, Bangalore. If it is a holiday, then on the next working day, he can spend the time in the visitation hall. ii. Accordingly, the order passed on I.A.No.6 in MC.No.431/2024 dated 29.04.2025 by the II Addl. - 6 - NC: 2025:KHC:23899 WP No. 14095 of 2025 HC-KAR Principal Judge, Family Court, Bangalore, is modified. iii. Accordingly, the writ petition is disposed off. iv. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 26