- 1 - NC: 2025:KHC:2647-DB CCC No. 813 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN CIVIL CONTEMPT PETITION NO. 813 OF 2024 BETWEEN: 1. MR. BHARAT PUNDALIK NAIK S/O MR.PUNDALIK MANJUNATH NAIK AGED ABOUT 35 YEARS PERMANENT ADDRESS B-1001, EXCEL TOWERS CO-OPERATIVE HOUSING SOCIETY A S MARG, NEAR BHAVANI INDUSTRIAL ESTATE OPP. IIT MAIN GATE, POWAI MUMBAI - 400 076. ALSO RESIDING AT: 4250 EI CAMINO REAL, APT C323 PALO ALTO, CA 94306 UNITED STATES OF AMERICA REPRESENTED BY POWER OF ATTORNEY HOLDER MRS. LEENA PUNDALIK NAIK RESIDING AT: MANAS, 1/23B NEAR CDSS, ERANDWANE PUNE - 411 004. …COMPLAINANT Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:2647-DB CCC No. 813 of 2024 (BY SRI PRABHULING K. NAVADGI, SENIOR ADVOCATE ALONG WITH SRI SIDDHARTH PADMARAJ DESAI, ADVOCATE) AND: 1. MRS. RAMITHA BHARAT NAIK D/O. MR. C.J. DINESH AGED ABOUT 36 YEARS RESIDING AT NO.8/16 PUTTANNA ROAD, BASAVANAGUDI BENGALURU-560 004. …ACCUSED (BY SMT. PRAMILA NESARGI, SENIOR ADVOCATE ALONG WITH SMT. BINDU U., ADVOCATE) THIS CCC IS FILED UNDER SECTIONS 10 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, READ WITH RULE 3 CLAUSE (ii) OF THE HIGH COURT OF KARNATAKA (CONTEMPT OF COURT PROCEEDINGS) RULES, 1981, PRAYING TO ORDER THAT ACCUSED IS GUILTY OF CONTEMPT OF THE ORDER DATED 06.04.2024 AND ALSO ORDER DATED 25.06.2024 IN G AND WC NO.135/2024, PENDING ON THE FILES OF VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU PRODUCED AT ANNEXURES-C AND K RESPECTIVELY, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN - 3 - NC: 2025:KHC:2647-DB CCC No. 813 of 2024 ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) The subject matter of the present contempt petition and the directions which were required to be complied with by the respondent-mother regarding visitation rights of the father was highlighted by the Court and was reflected in the order dated 07.01.2025. 2. The said order recorded as under, "The present contempt petition at the instance of the petitioner-complainant-father arises out of the order dated 06.04.2024 passed by learned VI Additional Principal Judge in G and WC No.135 of 2024, wherein interim order was passed inter alia permitting the petitioner to speak to his two minor sons named Stavya Naik and Vedith Naik through whatsapp video call between 5.00 p.m. to 6.00 p.m. every alternate days for fifteen minutes. The respondent-mother was directed to co-ordinate with the petitioner. 2. The children are aged five years and three years respectively, born out of wedlock of the parties. It is unfortunate that though an order was passed as back as on 06.04.2024, in addition to the above directions, the petitioner was also given visitation rights which could not be availed by him as he left the country. It is stated that even the direction to have the whatsapp video call has not been fructified for all these months. - 4 - NC: 2025:KHC:2647-DB CCC No. 813 of 2024 3. It is to be observed that a child will develop lopsidedly, both mentally and emotionally, unless he or she receives love and affection of both the parents-mother and father. The father or mother talking to the child with love and affection is also part of the welfare of child and such discourse is necessary for development of the child in the process of his or her growing. 4. In course of the hearing today, learned Senior Advocate Mr. Prabhuling K. Navadgi for the complainant is right in complaining that the father has human and natural right to talk to his minor sons. 4.1 Learned Senior Advocate Smt. Pramila Nesargi appearing for the respondent-mother agrees that the petitioner-father will be permitted to talk to both the sons named Stavya Naik and Vedith Naik. It is agreed that the process of permitting the father to talk on whatsapp video call shall start from next Sunday (12.01.2025) at 11.00 a.m. 4.2 Learned Senior Advocate for the petitioner- complainant stated that the father will call sharp at 11.00 a.m. Indian Standard Time (IST) to the mother from Mobile No.+1(512) 775-3957. 4.3 Learned Senior Advocate for the respondent assures the Court that the phone call shall be received by the mother and the mother will permit and facilitate both the children to talk with their father. 5. The talk between the father and the two minor sons may last at least for fifteen minutes or until the children may prefer and wish to talk with their father. The parties are directed to co-operate in implementation of this order. Stand over to 22.01.2025." - 5 - NC: 2025:KHC:2647-DB CCC No. 813 of 2024 3. It was provided in the order that the respondent-mother shall facilitate the talking of two minor sons with the complainant-father on whatsapp video call. Since the father stays in foreign country, the whatsapp video call was also fixed and the talk was scheduled on 12.01.2025 at 11.00 a.m. It was provided that the two minor sons may talk with the complainant-father at least for fifteen minutes or until they prefer to talk. 4. When the present petition came up for consideration, it was a matter of satisfaction for the Court to record the statement jointly made by learned Senior Advocate Mr. Prabhuling K.Navadgi representing the complainant-father and learned Senior Advocate Smt. Pramila Nesargi representing the respondent-mother, that in terms of the directions in the aforementioned order, the two children talked with the complainant-father on the day and time fixed on whatsapp call. 4.1 It was encouragingly suggested by both the sides that the same arrangement may continue so that the children could regularly speak with the father and the father has also an opportunity to mingle with the children and exchange his love. - 6 - NC: 2025:KHC:2647-DB CCC No. 813 of 2024 4.2 It was further submitted that with continuance of the same arrangement, the proceedings in G and WC No.135 of 2024 pending before the VI Additional Principal Judge, Family Court, Bengaluru, may be directed to be completed expeditiously and time-bound. The request is eminently reasonable. 5. In light of the above, the present contempt proceedings are disposed of by directing that the two minor children shall talk with the complainant-father and that the respondent-mother shall facilitate such talking on every Sunday at the time to be worked out mutually by the complainant-father and the respondent-mother. 5.1 The parties assure that notwithstanding the time not fixed in this order, the talk shall be invariably arranged on every Sunday. The proceedings before the said Court in G and WC No.135 of 2024 shall be proceeded with and shall be disposed of by the court below within a period of six months from today. 6. It was stated that the divorce proceedings are also pending in M.C.No.4254 of 2024 which is pending before the same Court. Learned Senior Advocates for the parties requested that the said proceedings may be directed to be disposed of expeditiously. - 7 - NC: 2025:KHC:2647-DB CCC No. 813 of 2024 6.1 In this regard, it is observed that it will be open for the parties to make a joint request before the Court concerned for expeditious disposal. 7. The present contempt proceedings are disposed of in the above said terms. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 31