MADHUSUDAN M. KRISHNAMURTHY v. BHAVYA KRISHNAPPA

[BY SMT. S. SUSHEELA, SR. COUNSEL FOR SRI B.S. MAHENDRA, ADVOCATE (PH)] …RESPONDENT THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 28.10.2022 PASSED BY THE I ADDL. PRL. JUDGE, FAMILY COURT, AT BENGALURU IN G AND W.C. NO. 93 OF 2022 PARTLY ALLOWING THE INTERLOCUTORY APPLICATION FILED BY THE PETITIONER UNDER SECTION 12 OF THE GUARDIANS AND WARDS ACT, 1890 SEEKING INTERIM CUSTODY OF HIS MINOR CHILD MASTER DEESHAN. AT ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI Digitally signed by ANUSHA V Location: High Court Of Karnataka - 2 - NC: 2024:KHC:49576 WP No. 25916 of 2022 ORAL ORDER This petition is filed challenging order dated 28.10.2022 passed by I Addl. Prl. Judge, Family Court, Bengaluru in G and WC.no.93/2022 partly allowing interlocutory application filed under Section 12 of Guardians and Wards Act, 1890, insofar as interim custody and for allowing I.A.no.2 filed under Section 12 of Hindu Minority and Guardianship Act, 1956, as per Annexure-H.

2. Brief facts as necessary for disposal of writ petition are that on 14.08.2014, marriage of petitioner and respondent was solemnized as per Hindu Rites and Customs. On

30.10.2020, child by name Deeshan Malavalli Krishnamurthy was born to them. Due to martial discord between petitioner and respondent, they began residing separately. Petitioner filed M.C.no.3054/2022 before I Addl. Prl. Judge, Family Court, Bengaluru under Section 9 of Hindu Marriage Act, 1955.

3. In meanwhile, respondent Crl.Misc.no.748/2022 before II Addl. Prl. Judge, Family Court, Mysore, seeking maintenance. An order interim maintenance was passed and same was challenged RPFC.no.64/2023. In meanwhile, due to souring of relationship - 3 - NC: 2024:KHC:49576 WP No. 25916 of 2022 between petitioner and respondent and since petitioner was not being permitted to visit child, petitioner filed petition under Sections 6 and 13 of Hindu Minority and Guardianship Act, 1956 and Sections 7 and 17 of Guardians and Wards Act, 1890 in G and WC.no.93/2022 before I Addl. Prl. Judge, Bengaluru on 11.04.2022. In that petition, he had filed interlocutory application for interim custody. On said application, impugned order was passed permitting petitioner to exercise interim visitation rights from 4.00 p.m to 7.00 p.m on Friday, Saturday and Sunday of each weeks as well as on all festival days at a place convenient to respondent at expenses of petitioner. Aggrieved by said order, present writ petition was filed.

4. Since RPFC.no.64/2023 was also pending between same parties, both were tagged along. Matter was heard and RPFC.no.64/2023 was disposed of on 21.08.2024 as follows: "Petition is allowed in part, impugned order dated

31.12.2022 passed by Prl. II Addl. Family Court, Mysuru in Crl.Misc.no.748/2022 is modified to extent of holding petitioner entitled interim maintenance at rate of Rs.20,000/- per month from

19.08.2022 i.e. date of petition. Same shall be payable on or before 10th of each month either by direct transfer into account of petitioner no.2 or deposited before Family Court. Petitioners would be entitled to - 4 - NC: 2024:KHC:49576 WP No. 25916 of 2022 withdraw subject final outcome of maintenance petition. Respondent to deposit arrears before Family Court within two months. It would be in fitment of things to direct both parties to cooperate for conclusion of proceedings and directing family Court to expedite disposal. Registry to forward certified copy of affidavits of assets and liabilities along with appending documents, filed by both parties before this Court to Family Court which shall be taken note of by it at time of disposal of petition. Observations made herein are only for interim stage and would not bind Family Court at time of disposal of Crl.Misc.no.748/2022".

5. During this proceedings, there was interaction with parties and counsel on several dates of hearing about manner for effective exercise of visitation rights leading to filing of joint memo on 20.06.2024 stating that visitation rights would be exercised in following manner. "1. Considering the paramount interest of the child, both parties have agreed to the following interim arrangement with respect to the visitation of Master Deeshaan M. Krishnamurty. a) Petitioner will pick up the child from the residence of respondent at Mysore on first and third Saturday and Sunday of every month at 10 a.m. and drop him at 5.00 p.m. at the respondent's residence at Mysore. - 5 - NC: 2024:KHC:49576 WP No. 25916 of 2022 b) Petitioner will pick up the child from the residence of the respondent at Mysore on the 2nd and fourth Thursday and Friday at 1.30 p.m. and drop the child at respondent's residence after the child's skating classes are over (approximately 7 p.m.). c) The petitioner agrees not to take the child away from Mysore City excepting to Zuari Garden City, K.R.S. Road where he resides. d) The petitioner agrees to drop the child to respondent's residence in Mysore. e) Both the parties agree not to tutor the mind of the child against each other or against the members of extended family of each other. f) Both the parties undertake to file an affidavit report the experience of visitation rights." Memo was accepted and parties were required to file affidavit about experience.

6. On 21.08.2024, matter was heard regarding observations days at Montessori and for overnight custody. But, on noticing that re-arranged visitation rights had been in practice for only two months, an order for it to be continued till today was passed and parties were directed to file affidavit about their experience.

7. Both parties have filed affidavits. which would by and large indicate that working of visitation rights in terms of joint memo dated 20.06.2024 has been fairly smooth. Though, counsel for petitioner seeks for further modification insofar as - 6 - NC: 2024:KHC:49576 WP No. 25916 of 2022 overnight custody, it is seen that matter before Guardians and Wards Court is at stage of trial. Since main matter itself could be disposed of within a short period, it would be appropriate for this Court to maintain interim arrangement insofar as visitation rights as per joint memo dated 20.06.2024, till disposal of main matter by Guardians and Wards Court and issue direction for its timely disposal. Hence, I pass following: ORDER i. Writ petition is disposed of by modifying impugned order and directing respondent to permit petitioner to exercise visitation rights as per interim order dated 20.06.2024 as follows: a) Petitioner will pick up the child from the residence of respondent at Mysore on first and third Saturday and Sunday of every month at 10 a.m. and drop him at 5.00 p.m. at the respondent's residence at Mysore. b) Petitioner will pick up the child from the residence of the respondent at Mysore on the 2nd and fourth Thursday and Friday at 1.30 p.m. and drop the child at respondent's residence after the child's skating classes are over (approximately 7 p.m.). c) The petitioner agrees not to take the child away from Mysore City excepting to Zuari Garden City, K.R.S. Road where he resides. d) The petitioner agrees to drop the child to respondent's residence in Mysore. e) Both the parties agree not to tutor the mind of the child against each other or against the members of extended family of each other. f) Both the parties undertake to file an affidavit report the experience of visitation rights." - 7 - NC: 2024:KHC:49576 WP No. 25916 of 2022 ii. Respondent shall complete cross-examination of petitioner on next date of hearing or subsequent date as may be fixed by Court. iii. Petitioner shall conclude recording of evidence on his side by end of this month. Thereafter, respondent shall conclude recording of evidence on her side in month of January, 2025. iv. Court shall hear parties and dispose of petition as far as possible within an outer limit of six weeks from date of conclusion of trial. v. Guardians and Wards Court would be at liberty to pass any orders on merits without being effected by interim arrangement made. vi. Registry to communicate, this order to said Court forthwith. vii. Pending applications are also disposed of as unnecessary. Sd/- (RAVI V HOSMANI) JUDGE GRD List No.: 1 Sl No.: 30