- 1 - NC: 2025:KHC-K:1713-DB MFA No. 202499 of 2024 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 19TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE K NATARAJAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISC. FIRST APPEAL NO.202499 OF 2024 (GW/WC) BETWEEN: SMT. SHRUTHI D/O SHANTAPPA NEELUR, AGE: 33 YEARS, OCC: PVT SERVICE, R/O C/O: SHIVASHANKAR NEELUR, H.NO.132/4C, AIWAN-SHAHI QUARTER, KALABURAGI-585103. …APPELLANT (BY SMT/KUM. SWATI M. N., ADV., FOR SMT. GEETA ANNARAO SAJJANSHETTY, ADVOCATE) AND: BASAWARAJ S/O SHANKARPPA PATIL, AGE: 40 YEARS, OCC: PVT. SERVICE, R/O: H.NO.1-149/101/3/16, GROUND FLOOR, KOTAMBARI LAYOUT, SHAKTI NAGAR, KALABURAGI-585103. …RESPONDENT (BY SRI. RAVINDRA H. BABALESHWAR, ADVOCATE) Digitally signed by NIJAMUDDIN JAMKHANDI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1713-DB MFA No. 202499 of 2024 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 47 (A) OF GUARDIANS AND WARDS ACT, PRAYING TO MODIFY THE JUDGMENT DATED 20.04.2023 PASSED BY THE PRL. JUDGE, FAMILY COURT, KALABURAGI IN G AND W.C.NO.05/2022 AND THE ORDER DATED 20.01.2024 PASSED IN E.P.NO.29/2023 PASSED BY THE PRL. JUDGE FAMILY COURT, AT KALABURAGI BY REDUCING THE NUMBER OF HOURS AS WELL AS THE VISITATION TO BE VIA-VIDEO CALL AND NOT IN PERSON, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K NATARAJAN AND HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE K NATARAJAN) This appeal is filed by the appellant – wife under Section 47 (A) of the Guardians and Wards Act, 1890 (hereinafter referred as ‘G & W Act’) by challenging the order of the Prl. Judge, Family Court, Kalaburagi in G & W.C.No.5/2022 dated 20.04.2023, which is filed by the respondent – husband under Section 10 of the G & W Act - 3 - NC: 2025:KHC-K:1713-DB MFA No. 202499 of 2024 for granting the custody of the minor child – Bhimshmagouda Patil and for visitation right and also the order passed in Civil E.P.No.29/2023 dated 20.01.2024 wherein the Prl. Judge, Addl. Family Court, Kalaburagi, has rejected the objection filed by the appellant - wife. 02. We have heard the arguments of learned counsel for the appellant and the respondent and perused the records. 03. The case of the appellant - wife is that the respondent - husband filed a petition under Section 10 of the G & W. Act, for seeking custody of the minor child, alternatively seeking visitation right. It is alleged that the marriage of the appellant and respondent was solemnized on 06.05.2013. Out of their wedlock, the child was born on 01.05.2014. Due to dispute arose between the parties, the husband has filed a petition in M.C.No.122/2016 seeking restitution of conjugal rights, which was allowed. The appellant – wife has filed maintenance petition in Crl.Misc.No.69/2016, which was allowed. Thereafter, finally they have filed a petition for divorce by mutual - 4 - NC: 2025:KHC-K:1713-DB MFA No. 202499 of 2024 consent. A mutual divorce has been granted by the Family Court. The respondent – husband also said to be paying the maintenance to the wife and child. The custody of the child was not given to the respondent - husband. Hence, he has filed a petition for custody of the child and visitation right. 04. The appellant - wife herein being the respondent before the Family Court has objected the petition contending that the respondent - husband has addicted to the bad habits like alcohol, gambling etc., It is not possible to give the child for custody to the husband. Hence, prayed for dismissal of the petition. 05. After hearing the arguments and analyzing the evidence of the respondent – husband, the Family Court vide impugned order dated 20.04.2023 though rejected the custody of the child, but granted the visiting right to the respondent - husband to see the child on every 2nd and 4th Sunday from 11:00 a.m. till 4:00 p.m. in the office of the CDPO, at Kalaburagi till the child attains the age of majority. - 5 - NC: 2025:KHC-K:1713-DB MFA No. 202499 of 2024 06. It is further case of the respondent - husband that subsequent to passing of the order, the appellant - wife not produced the child at the CDPO Office, Kalaburagi for complying the visitation rights. Therefore, the respondent - husband constrain to file execution case in Civil E.P.No.29/2023 before the Family Court. The appellant – wife, as usual objected the petition and finally the objection of the appellant - wife has been rejected and visitation right has been confirmed by the Family Court. 07. Being aggrieved by the same, the appellant - wife is before this Court. 08. While hearing the arguments, we have interacted with the child in the presence of the parents. 09. It is admitted fact that the child born out of the wedlock of the appellant and respondent. The respondent - husband presently working at Bengaluru and the appellant - wife is working at Kalaburagi. Of course the visitation right granted by the Family Court, as the respondent - - 6 - NC: 2025:KHC-K:1713-DB MFA No. 202499 of 2024 husband is the natural father is entitled to see the child and see the welfare of the child and also he is paying the maintenance regularly, even a lump sum amount was also paid by him towards the arrears of maintenance. 10. Considering the facts and circumstances of the case, we feel it proper that the order of the Family Court does not call for any interference regarding providing the visitation right to the respondent - husband. However, the visitation right granted on every 2nd and 4th Sunday by the Family Court will not advisable or feasible to visit the child by the respondent - husband, as the CDPO, office which is a Government Office used to close down during the Sundays and nobody will take care to see if any untoward incidents occur. 11. Therefore, the order of the Family Court regarding visitation right given at the CDPO Office, Kalaburagi required to be modified and should be given to see the child by the respondent - husband in the Family Court, Kalaburagi at District Court Premises, Kalaburagi. - 7 - NC: 2025:KHC-K:1713-DB MFA No. 202499 of 2024 However, instead of 2nd and 4th Sunday, we feel it proper that the visitation right is modified on every 1st and 3rd Saturday between 2:30 p.m. and 06:30 p.m., it will meet the ends justice. 12. The learned counsel for the respondent - husband fairly admits for providing this opportunity to visit at Family Court, Kalaburagi, in the District Court Premises, at Kalaburagi itself on every 1st and 3rd Saturday. Hence, we proceed to pass the following; O R D E R I. The appeal is allowed in part. II. The orders of the Family Court is modified as under:- “The visitation right is granted to the respondent – husband, and the appellant - wife shall produce the child in the Family Court, at Kalaburagi, in the District Court Premises, Kalaburagi, at 02.30 p.m. and receive the child at 6.30 p.m. on every 1st and 3rd Saturday regularly till attaining the age of majority of the child.” - 8 - NC: 2025:KHC-K:1713-DB MFA No. 202499 of 2024 III. It is needless to observe that the appellant - mother shall not refuse to provide the child, in the name of any illness etc., otherwise she should intimate in advance to the respondent - husband regarding ill- health of the child if any. IV. The respondent - father is also permitted to provide any gift or dress material or any eating items to the child and should not be refused by the appellant - mother. V. The respondent is also permitted to bring their parents to see the child. VI. The office is directed to intimate this order to the Family Court at Kalaburagi, forthwith. - 9 - NC: 2025:KHC-K:1713-DB MFA No. 202499 of 2024 In view of the disposal of the main appeal, the pending I.As. do not survive for consideration, hence, they are also disposed of. Sd/- (K NATARAJAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE KJJ List No.: 1 Sl No.: 1 CT:SI