- 1 - NC: 2025:KHC:4835 WP No. 658 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 658 OF 2023 (GM-FC) BETWEEN: PRIYANKA W/O SRI. AJAY SANKAR, AGED ABOUT 35 YEARS, R/AT A004, TEMPLE TREE APARTMENTS, JOGUPALAYA, ULSOOR, BANGALORE - 560 008. …PETITIONER (BY SRI. STANLY SAM, ADVOCATE) AND: AJAY SANKAR S/ K. SANKARA PILLAI AGED ABOUT 39 YEARS, R/AT NO. A109, PURAB MANOR SEEGEHALLI, KADUGODI, BANGALORE - 560 112. …RESPONDENT (BY SRI. PRATHIMA S.K., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE INTERIM ORDER DATED 21.04.2022 PASSED IN IA NO.III FILED BY THE RESPONDENT UNDER SECTION 12 OF G AND WC ACT PASSED BY THE LEARNED II ADDL.FAMILY JUDGE AT BENGALURU AT ANNEXURE-A AND ETC. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4835 WP No. 658 of 2023 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the orders passed on I.A.No.III in G & W.C. No.29/2020 dated 21.04.2022 by the II Addl. Prl. Judge, Family Court, Bengaluru, the mother is before this court. 2. By the order impugned, the Court had granted second half of the summer vacation 2022 and also directed that the father can have the interim custody of the child on first and fourth Saturdays with the following Sundays. It is also observed that the mother shall facilitate the respondent in all respects to have the interim custody of the child. The father can pick up the child from the home of the mother and shall handover the custody of the child to the mother in her residence. During the interim custody of the child, the father shall take utmost care of the child in all respects. The father shall not ill advice the child about the mother or her family members and he shall not criticise the mother or her family members in the presence of the child. On 17.01.2023, a co-ordinate bench of this Court had granted an interim order as prayed for and that interim order - 3 - NC: 2025:KHC:4835 WP No. 658 of 2023 was extended on 14.02.2023, till the next date of hearing. On 02.04.2024, when the matter came up before this Court, this Court had directed the mother to bring the minor before this Court in the chambers at 2:00 p.m. Thereafter on their request, the matter was adjourned to 19.4.2024. Then again came up before this Court on 23.04.2024, this Court on that day had granted visitation right to the father in the presence of mother on 27.04.2024, 28.04.2024, 04.05.2024, 05.05.2024, 10.05.2024, 11.05.2024, 12.05.2024 at any public place/phoenix Mall or Park between 3:00 p.m. to 8:00 p.m. on Saturdays and between 3:00 p.m. to 9:00 p.m. on Sundays at any other place, which is to the liking of the girl. Then the Court has also observed that on 18.05.2024, 19.05.2024, 25.05.2024, 26.05.2024, 01.06.2024 and 02.06.2024, the father can exercise the visitation rights without the mother at any public place between 3:00 p.m. to 6:00 p.m. and the father shall pickup and drop the child and directed the matter to be listed on 06.06.2024 as ‘Part-Heard’ and by that time the parties shall bring to the notice of the Court what transpired between them and based on that further orders will be passed. On 19.06.2024, father, grandmother, mother and daughter - 4 - NC: 2025:KHC:4835 WP No. 658 of 2023 were present before the court. The Court had recorded that it is submitted that the visitation rights as ordered by the Court on 23.04.2024 went on well. Considering that, the Court again has passed an order permitting the father to exercise the visitation on 23.06.2024, 07.07.2024, 14.07.2024, 21.07.2024, 28.07.2024, 04.08.2024 and 10.08.2024 between 12:30 to 8:00 p.m. The order dated 22.08.2024 reveals that both father, mother and child along with their counsels are present in the chambers. The Court interacted first with the child and then with the mother and the father. Considering the submission of the parties, the Court has again permitted the father to exercise the visitation rights and when the matter came up on 06.11.2024, a submission is made on behalf of the counsel appearing for the mother that the daughter is not comfortable to meet the father, as such, no order shall be passed directing the daughter to meet the father. The mother submitted before the Court that she cannot leave the child with the father. The Court recorded that inappropriate touch is not about touching the private parts. Mother submitted that when the girl is not liking the father to touch her that is also an inappropriate touch and she cannot let the daughter to be with - 5 - NC: 2025:KHC:4835 WP No. 658 of 2023 the father. She submits that father made her to sit on the lap and she cannot permit the father to meet the child alone. It is also recorded that it is the submission of the counsel appearing for the father that girl started that she cannot stay with the father overnight but she is comfortable during the daytime and it is the complaint that the mother is not letting the father and child to develop the bonding and what are the things that the mother has referred to, the father has never done. Then this Court has recorded that there is lot of reluctance from the mother in the light of the differences between the mother and the father. This Court has also observed that this is not the manner in which the mother has to deal with the situation. If the daughter is not comfortable for any reason with the father, the mother should look at the means and ways to deal with the situation but she cannot show the aggression and simply say daughter is not interested and it is also observed that this Court had a long interaction with the girl. The girl has no specific reason to say why she is not comfortable except stating that she is not comfortable. Earlier it was projected before the Court that the father was inappropriately touching the daughter. Then on interaction with the girl, the Court - 6 - NC: 2025:KHC:4835 WP No. 658 of 2023 understood that as stated by the counsel or by the mother that is not the behaviour of the father. The Court also do not see any kind of efforts from the side of mother to see that bonding develops between the father and the daughter. And the Court also observed that the mother is not able to realise that this kind of hatred or ill-feeling towards the father is not good for the daughter. Mother cannot say that she will not let the daughter to spend time with the father and the mother submitted before the Court that if at all visitation rights has to be granted, it has to be before the Family Court and this Court has also expressed that mother cannot dictate the terms to the Court and things will not be done as how the mother wants it. Orders will be passed taking into consideration the welfare of the minor child, as this Court is exercising the paren patria jurisdiction. This Court also came to the conclusion that the manner in which things are going on, they are not in interest of the minor and if the child grows up in this manner, she can definitely not evolve as a good human being and again on that day, this Court had granted the visitation before the Mediation Centre in the presence of the child Counsellor and directed to place the report before this Court. Another order was passed on - 7 - NC: 2025:KHC:4835 WP No. 658 of 2023 20.11.2024, wherein it was observed that if the child Counsellor is not present, the Director shall be present at the time of conciliation. On 12.12.2024, again directed them to appear before the Bengaluru Mediation Centre. Thereafter, the report is placed before this Court, wherein the report of the Counsellor reveals that the daughter is sharing a good bonding with the mother, that the same is not there with the father. On 21.12.2024, the daughter met the father in front of the Counsellor and she was much better in responding than her last meeting. She and her father interacted and did some crosswords puzzle and viewed some pictures and videos of earlier visits to her father's place and the Counsellor had appreciated her and kept talking to interact and respond to the father. Then when she interacted with the father on 23.12.2024, she was reluctant not at all interested to talk or even look at the father. She had complained to her mother that she was forced to talk on 21.12.2024. Though it was a nudging from the end of the Counsellor, the father was happy to spend time with her. It is stated in the report that on that day she put her head down and when she was asked to see and talk, she said that she do not want to spend the holidays like this in - 8 - NC: 2025:KHC:4835 WP No. 658 of 2023 Court. It is stated that it was very disheartening to see the child responding like that. Even then she spent her time till 1:00 p.m.. The 3rd meeting was also spent as the earlier one. As soon as she entered the room she just put her head down and didn't respond to the counsellor's call or the father's call and she didn't respond to any crossword games or videos or photos. It indicates that she was forcefully made to sit and talk. Later on the meetings were called off as child was not well and the winter vacations got over and the school resumed. The Counsellor had concluded saying that she was encouraging the father to have interaction with the mother concerning the daughter. But the father is not comfortable in talking to the mother and vice versa. Child's hesitation to visit her father during this phase is a multi-faceted issue, rooted in emotional, psychological and environmental factors. Both the parents can help to ease the transition for child and preserve the relationship between her and father through open communication, emotional support and a commitment to create a safe, stable environment, which will be crucial in helping the child overcome her hesitation and adjust to the changes brought on during the divorce procedure. - 9 - NC: 2025:KHC:4835 WP No. 658 of 2023 3. Learned counsel appearing for the mother/petitioner submits that the petition can be disposed of by granting supervised visitation rights in the Mediation Centre between Saturday 11:00 a.m. to 1:00 p.m. and Sunday 2:00 p.m. to 3:30 p.m. It is submitted that if the girl is left alone, father will not be taking care of her, for that he gives the instances stating that one day when the girl was skating, when the father had received a call, he left the girl and she fell down and injured herself. In another occasion, when the girl didn't want to eat something and he forcibly made her to eat and which resulted in food poisoning and she was in hospital. Bringing these instances to the notice of the Court, he submits that unsupervised visitation right is not in the interest of the minor and if it is in the mediation centre, it would be with the counsellor and when it's a holiday for the mediation centre, then the mother would be present during the visitation. 4. Learned counsel appearing for the respondent- father submits that if, as the counsellor report is very clear that the girl who is comfortable on one day and immediately the next day she is not comfortable talking to the father. It is all because she has been influenced by her mother, she is - 10 - NC: 2025:KHC:4835 WP No. 658 of 2023 reluctant to see the father. Learned counsel also submits that in one of the orders, this Court has considered and observed regarding whether the daughter can stay overnight and the daughter said she cannot stay with the father over-night, but she is comfortable during the daytime and also the visitation went on well and that was also reported before this Court. It is submitted that as the disputes are pending between the father and the mother and the girl being influenced by the mother, she is mirroring the emotions of the mother and she is reluctant to see the father. Unless and until the exclusive visitation rights i.e., unsupervised visitation is given to the father, it would be very difficult for the daughter and the father to develop a bonding. Learned counsel submits that whatever are the conditions that are imposed by the Court, the father is ready to oblige and if the visitation is granted in the presence of the grandmother, she would be present whenever the father exercises the visitation. To that, learned counsel appearing for the mother submits that in fact both the grandmother and father had scolded the child when she stated that the father was consuming alcohol when the girl was with him. It is - 11 - NC: 2025:KHC:4835 WP No. 658 of 2023 submitted that the visitation has to be supervised and as per the time line comfortable to the girl. 5. Having heard the learned counsel on either side, perused the material on record. When this Court had interacted with the girl and when the submissions were made, initially it was submitted that the father was inappropriately touching her, as such the girl was not interested to meet the father. Then on interaction, when this Court had asked the girl what is the inappropriate touch she is referring to the girl stated that she do not want the father to touch her and the mother stated that he is making her to sit on the lap and what is not of girl's liking is an inappropriate touch. On a couple of occasions, it is reported that the visitation went on well by both the parties and on some occasions, they have stated about the father not taking care of the girl and girl getting hurt and also the father forcibly feeding the girl which she do not want and which resulted in food poisoning. The girl is aged 11 years. In the earlier orders also, this Court has specifically observed that the mother was reluctant and very aggressive while she was submitting before the Court that there cannot be a visitation outside the Mediation Centre and in fact, the court has also - 12 - NC: 2025:KHC:4835 WP No. 658 of 2023 observed that the mother cannot dictate terms to the Court and the things will not happen in the manner how she wants, but the court would be passing the orders which are in the interest of the minor. A perusal of the orders that are passed by this Court earlier and also the report of the counsellor reveals that the girl do not have a specific reason why she do not want to interact with the father, but in particular she said that she is comfortable during daytime but not with the overnight custody. This court had accommodated that. Her behaviour on day and immediately the next day there appears to be a change without any valid reasons. It appears that because of the disputes and the differences between the mother and the father, the girl is identifying herself as driven by the emotions of the mother. It is the duty of the mother to see that the girl is not affected by any of the differences between them and she has to grow without all these inhibitions and without all these emotional issues between the mother and the father. It is the duty of both the mother and father to keep the child away from their disputes and let the girl live comfortable and happy life and also to have a happy childhood. The way the mother wants visitation to go on, definitely will not fetch any positive results. - 13 - NC: 2025:KHC:4835 WP No. 658 of 2023 By granting the visitation in mediation centre, will not serve any purpose. The mother has to realise that the girl developing the bonding with the father is ultimately in the interest of the daughter and these ill-feelings towards the father will have a long lasting affect on the girl and her future. This Court do not see any reason why the unsupervised visitation shall not be granted. The minor incidents what has been referred to, cannot be a ground for this Court not to grant the unsupervised visitation to the father. The Family Court, by order impugned had granted second half of the Summer Vacation, 2022 as now the order is already worked out. As such, this Court is not going into the said aspect. 6. Then coming to the interim custody, the Family Court has observed that the father shall have the interim custody of the child on first and forth Saturdays with the following Sundays. Considering the submission of the learned counsels on either side, looking at the report of the counsellor this Court is inclined to modify the order passed by the family Court and accordingly, this Court is passing the following: - 14 - NC: 2025:KHC:4835 WP No. 658 of 2023 ORDER i) On every Sunday, the father can pick up the child from the mother's place at 10:00 a.m. and drop her back at 5:00 p.m., in the evening. ii) The father shall ensure that at all times, the girl is comfortable and the mother shall encourage the girl to develop a bonding with the father. iii) If the girl is not comfortable with the father touching her, the father shall maintain the distance and keep the girl comfortable. (iv) Accordingly, the Writ Petition is disposed of. (v) All IAs., in this Writ Petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA List No.: 1 Sl No.: 2 CT:SNN