- 1 - NC: 2025:KHC:12972-DB MFA No.2940/2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MRS JUSTICE K.S.MUDAGAL AND THE HON'BLE MR JUSTICE M.G.S. KAMAL MISCELLANEOUS FIRST APPEAL NO.2940/2023 (GW) BETWEEN: 1. SRI DEEPAK URS S/O LATE SUNDARA RAJE URS AGED ABOUT 42 YEARS R/AT NO.160, PRAKRUTHI LAYOUT T. NARASIPURA MAIN ROAD SIDDARTHANAGAR MYSORE - 570 011 2. MASTER RUNALRAJ S/O DEEPAK URS AGED ABOUT 5 YEARS R/AT NO.160, PRAKRUTHI LAYOUT, T. NARASIPURA MAIN ROAD, SIDDARTHANAGAR MYSORE - 570 011. REP. BY A-1 NATURAL FATHER … APPELLANTS (BY SRI. CHANDAN, ADVOCATE) AND: SMT.NAVYA K W/O DEEPAK URS AGED ABOUT 30 YEARS R/AT BETTADATHUNGA VILLAGE BETTADAPURA HOBLI PRIYAPATNA TALUK MYSURU DISTRICT … RESPONDENT (BY SRI. GOVINDARAJ K, ADVOCATE FOR C/R) Digitally signed by ROOPA R U Location: High Court of Karnataka - 2 - NC: 2025:KHC:12972-DB MFA No.2940/2023 THIS MFA IS FILED UNDER SECTION 47(c) OF GUARDIANS AND WARDS ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 16.03.2023 PASSED ON G AND WC NO. 40/2021 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, MYSURU, ALLOWING THE PETITIONER FILED U/S 25 OF THE GUARDIAN AND WARDS ACT. THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL and HON'BLE MR JUSTICE M.G.S. KAMAL ORAL JUDGMENT (PER: HON'BLE MRS JUSTICE K.S.MUDAGAL) Challenging the judgment and order in G and W.C.No.40/2021 on the file of Principal Judge, Family Court, Mysuru, the respondent in the said case has preferred this appeal. 2. By the impugned judgment and order, the Trial Court has held that the petitioner/wife is entitled to the custody of child and visitation rights are given to the respondent. 3. The appellant was respondent and respondent was the petitioner in G and W.C.No.40/2021 before the Trial Court. For the purpose of convenience parties are referred to as per their ranks before the Trial Court. - 3 - NC: 2025:KHC:12972-DB MFA No.2940/2023 4. Marriage of the petitioner and respondent was solemnized on 14.06.2017 at Mysuru. On 28.01.2019, couple begot a son who was named as Runalraj. There were problems in the marriage. The respondent and his family members allegedly after ill-treating the petitioner, drove her out of the matrimonial home keeping the child with themselves. She claimed that son being aged below 3 years, she is the natural guardian. She contended that interest of the child will suffer in the custody of the respondent as the child is deprived of the love, affection and care of the mother etc., Petitioner took notice to the respondent by paper publication. He did not appear before the Trial Court to contest the case. 5. Trial Court recorded the evidence of the petitioner and her witness. Trial Court on hearing the petitioner’s counsel, by impugned judgment and order allowed the petition filed under Section 25 of the Guardian and Wards Act in G and W.C.No.40/2021 and declared that petitioner is entitled to custody of the child with some visitation rights to the respondent. The said judgment is challenged in the above appeal by the respondent. - 4 - NC: 2025:KHC:12972-DB MFA No.2940/2023 6. The main contention of the appellant is that he was not served with the notice. 7. This Court conducted several conciliation proceedings and has made some visitation arrangements. In the proceedings before this Court, it is found that appellant herein did not cooperate with visitation arrangements and went on making some ungraceful allegations against Member Secretary, District Legal Services Authority who had arranged visitation facilities at District Legal Services Authority at Mysuru. 8. This Court had even felt that conduct of the appellant in making such allegations against Member Secretary, District Legal Services Authority, Mysuru, amounts to contempt of court. On giving him an opportunity to explain his conduct, he has come up with an affidavit to which respondent herein has filed counter. In that affidavit the appellant repented for his mis-conduct and he was warned not to repeat such conduct. He further submits since opportunity was not given, matter be remanded to the Trial Court for giving him an opportunity of hearing. - 5 - NC: 2025:KHC:12972-DB MFA No.2940/2023 9. Irrespective of conduct of appellant, this Court finds that justice has to be dispensed with by giving opportunity to both parties, that too, when family relationship is involved. Therefore, it is just and proper to set aside the impugned order and remand the matter by imposing suitable conditions. 10. As the respondent has to travel from Bettadapura Hobli, Piriyapatna to Mysuru for the sake of the case and to visit the child, she has to be given litigation expenses of the proceedings before the Trial Court and her travel expenses. Similarly, visitation arrangement also to be made till the matter is decided by the Trial Court. Hence, the following; ORDER 1. Appeal is allowed. 2. The impugned judgment and order in G and W.C.No.40/2021 on the file of Principal Judge, Family Court, Mysuru, is hereby set aside. 3. The matter is remanded to Trial Court for fresh consideration. - 6 - NC: 2025:KHC:12972-DB MFA No.2940/2023 4. To avoid further delay, parties are hereby directed to appear before the Trial Court on 28.04.2025 at 11.00 a.m. 5. On the date of appearance, appellant shall deposit litigation expenses of Rs.25,000/- pertaining to this appeal and Rs.25,000/- pertaining to the proceedings before the Trial Court and shall file his statement of objections to the petition. 6. Till the matter is disposed off by the Trial Court, appellant shall hand over the child to the respondent in the presence of Member Secretary, District Legal Services Authority, Mysore premises of DLSA, Mysore at 2.00 p.m. to 4.00 p.m. of first and third Saturday of each month, so that respondent-mother shall spend some time with child on those days. If any of those Saturdays happens to be General Holiday, visitation shall take place on the next working Saturday of the same month. 7. On such visitation days, appellant shall pay a sum of Rs.1,000/- to the respondent for her travel and other expenses. - 7 - NC: 2025:KHC:12972-DB MFA No.2940/2023 8. The appellant shall tender his unconditional apology to the Member Secretary, District Legal Services Authority, Mysuru on the date of his appearance before the Trial Court. 9. Trial Court shall give reasonable opportunity to both parties and dispose of the matter as expeditiously as possible at any rate within four months from the date of appearance of the parties without being influenced by any of the observation made in this order regarding conduct of parties. 10. If appellant fails to comply with any of the above conditions, Trial Court shall proceed in accordance with law. Liberty is reserved to the respondent-mother to move this Court if the appellant fails to comply this order. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (M.G.S. KAMAL) JUDGE RU List No.: 1 Sl No.: 58