- 1 - HC-KAR NC: 2025:KHC:32572 WP No. 7182 of 2023 C/W WP No. 7678 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 7182 OF 2023 (GM-FC) C/W WRIT PETITION NO. 7678 OF 2023 (GM-FC) IN WP No. 7182/2023 BETWEEN: SRI. SRINATH KESHAV AGED ABOUT 40 YEARS R/AT NO 406, 1ST CROSS, NEW DIAGONAL ROAD, JAYANAGAR 3RD BLOCK, BENGALURU-560 011. …PETITIONER (BY SMT.LAKSMI IYENGAR, SENIOR COUNSEL FOR SRI. N.GOWTHAM RAGHUNATH, ADVOCATE) AND: SMT. SARALA NAGARAJ RAO AGED ABOUT 38 YEARS W/O SRINATH KESHAV D/O NAGARAJ P. RAO R/AT B-4, GREENWOOD APARTMENTS, OPP PRISTINE PUBLIC SCHOOL, 2ND MAIN, INDIRANAGAR 1ST STAGE, BENGALURU-560 008. …RESPONDENT (BY SMT.S.K.PRATHIMA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING/SETTING ASIDE THE ORDER DATED: 13.01.2023 PASSED BY THE 4TH ADDL. FAMILY JUDGE AT BENGALURU ON IA NO.11 IN G AND WC NO.250/2017 Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32572 WP No. 7182 of 2023 C/W WP No. 7678 of 2023 (ANNEXURE-A) AND CONSEQUENTLY ALLOW IA NO.11 (ANNEXURE- N) IN G AND WC NO. 250/2017 AS PRAYED FOR. IN WP NO. 7678/2023 BETWEEN: SARALA NAGRAJ RAO, D/O NAGARAJ, AGED ABOUT 41 YEARS, B-4, GREENWOODS APARTMENTS, OPPOSITE PRISTINE PUBLIC SCHOOL, 2ND MAIN, INDIRANAGAR 1ST STAGE, BANGALORE -560 008 ...PETITIONER (BY SMT.S.K.PRATHIMA, ADVOCATE) AND: SRINATH KESHAV S/O A.R.KESHAV, AGED ABOUT 44 YEARS, R/AT NO. 405 A, 1ST CROSS, NEW DIAGONAL ROAD, JAYANAGAR 3RD BLOCK, BANGALORE -560 011 ...RESPONDENT (BY SMT.LAKSHMI IYENGAR, SENIOR COUNSEL FOR SRI.N.GOWTHAM RAGHUNATH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED:13.01.2023 MADE IN G AND WC. NO. 253/2017 CLUBBED WITH G AND WC.250/17 BY THE IV ADDL. PRINCIPAL JUDGE, FAMILY COURT, BANGALORE (ANNEXURE-K). THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:32572 WP No. 7182 of 2023 C/W WP No. 7678 of 2023 ORAL ORDER Aggrieved by the order passed on I.A.No.11 in G & WC.No.250/2017 dated 13.01.2023 by IV Additional Judge, Family Court, Bangalore, both the wife and husband are before this Court. The Family Court has passed the following order: IA No.XI filed u/s 12 of G and WC Act, 1890 r/w sec.151 of CPC on behalf of petitioner is allowed in part. Petitioner-father is entitled for the visitation- parenting right of his minor son Master Reyansh 30% during all Summer vacation, Dusshera vacation and Christmas vacation from 11 a.m. to 5 p.m. either in the petitioner's house or any place comfortable to both parties to be chosen by both parties. The petitioner is entitled for interim custody of the child on petitioner's birth day as well as child's birth day for 5 hours and the preferred time shall be intimated by both parties by filing a memo before the court. Petitioner is also entitled for interim custody of the minor child master Reyansh on any of two festivals celebrated by the parents from 2 p.m. to 6 p.m.. Even with regard to choice of festival shall be intimated by the petitioner to the court well in advance by filing memo. Petitioner shall also intimate his preferable period of 30% of vacation right well in advance to the court by filing a memo. The respondent is directed to hand over the custody of the child to the petitioner for exercising visitation-parenting right during the above referred period-time and the petitioner is directed to - 4 - HC-KAR NC: 2025:KHC:32572 WP No. 7182 of 2023 C/W WP No. 7678 of 2023 handover the child in return to the custody of the respondent after exercising the parenting right period. Further the petitioner is directed not to give ill advice about the respondent to the child while exercising the visitation right. Both the parties are directed to maintain peaceful atmosphere with the ward while exercising the visitation-parenting right. 2. Both the parties are referred to as father and mother for the sake of convenience. 3. The father’s writ petition is W.P.No.7182/2023 and the mother’s writ petition is W.P.No.7678/2023. The grounds that are stated in support of the writ petition that is filed by the father are that the reasons recorded by the trial court are completely in contravention to the order dated 19.10.2022 i.e., overnight custody of the minor son was granted to the father. The trial court has observed that I.A.No.10 remains unchallenged as that I.A is a consent order as the said order was passed after talking to the minor son as well as father and the mother. 4. In support of the writ petition filed by the mother it is stated that the family court ought not to have granted 30% of - 5 - HC-KAR NC: 2025:KHC:32572 WP No. 7182 of 2023 C/W WP No. 7678 of 2023 the vacation and 5 hours on the birthday of the father and the son and also on any two festivals. The Court has failed to see that the child is still of tender age and will suffer severe strain as a result of successive visitation. The child is not interested to go to the father’s place as there is no one to play with him. The existing visitation arrangement along with the added visitation during vacations, festivals and birthday’s creates hardship and inconvenience to the mother as well as to the child. 5. Learned counsel appearing for the respondent/mother submits that the father never had overnight visitation and only by virtue of the orders passed by this court father had exercised visitation. The boy never shown any interest, the father has never been in the life of the boy from the childhood. The mother is making all her best efforts to see that the child meets the father, but he is not interested. In fact, the mother has given a mobile phone and iPad so that the father can talk to the boy on video calls. In fact without their being an order on the birthday of the father, she has addressed a letter to the school that the father will pick up the child. It is submitted that the boy is not interested to meet the father. The family court - 6 - HC-KAR NC: 2025:KHC:32572 WP No. 7182 of 2023 C/W WP No. 7678 of 2023 ought not to have granted 30% visitation to the father and on the birthdays and other days the time that is granted by the family court is not in the interest of the boy as the boy is not interested to see the father. 6. Learned senior counsel appearing for the petitioner/father submits that after the orders are passed by this court, the father has exercised the visitation and he has exercised overnight visitation and the boy was also taken out of Bangalore. It is submitted that boy was absolutely comfortable with the father and after the settlement talks have failed from that time, the child has never come to the father except on the birthday of the father, he has not seen the child. It is submitted that almost for more than a year, the matter was coming up before this court and the boy was comfortable with the father, hence there cannot be any impediment for granting the overnight custody. It is submitted that the family court by impugned order had failed to grant the overnight custody to the father and instead of granting 50% of the vacation, the family court had granted only 30% of the vacation to the father as such the order of the family court needs to be modified. - 7 - HC-KAR NC: 2025:KHC:32572 WP No. 7182 of 2023 C/W WP No. 7678 of 2023 7. Having heard the learned counsels on either side, perused the material on record. This court had heard the matter and interacted with the parties several times in a span of more than 1½ years. When the matter came up before this court, for the first time on 24.04.2024, it is submitted that the boy is not interested to see the father and the mother has no objection, hence, this court had passed the following order: 3.Learned counsel appearing for the respondent/ wife submits that there is scope for settlement and in fact, earlier memorandum of settlement agreement was exchanged between the parties, then this Court has directed the parties to be present in the chamber at 5.00 p.m today. This Court had interacted with the wife and husband and also heard the Advocates. Except a few clauses, both the parties submit that there are chances for conciliation. But the mother’s complaint is that earlier while exercising the visitation rights, the father had punched the child and he had sustained injuries and apart from that, he was reluctant to go with the father, which is denied by the learned counsel for the petitioner. 4.Considering the fact that the father could not see the child right from July and the fact that there is scope for settlement in the interest of both the parties, this Court deems it appropriate to pass the following : (i) As per the order of the court below the father has 30% of the Summer Vacation i.e., for 10 days. The father can exercise the visitation rights on 28.04.2024, - 8 - HC-KAR NC: 2025:KHC:32572 WP No. 7182 of 2023 C/W WP No. 7678 of 2023 02.05.2024, 03.05.2024, 04.05.2024, 09.05.2024, 10.05.2024, 11.05.2024, 16.05.2024, 17.05.2024 and 18.05.2024. The father can pick up the child from the mother’s place at 10.00 a.m. and he shall drop the child back by 7.00 p.m. (ii) Considering the submission of the learned counsel for the mother during the course of visitation, the father has to deal with the child with utmost case should not put him to any kind of inconvenience. On 24.06.2024, the following order was passed: This court on 24.04.2024 had interacted with husband and wife, directed that the father shall exercise the visitation rights for 10 days i.e., on 28.04.2024, 02.05.2024, 03.05.2024, 04.05.2024, 09.05.2024, 10.05.2024, 11.05.2024, 16.05.2024, 17.05.2024 and 18.05.2024, further directed the case to be listed today. Both the father and mother are present before this court today. Father submits that out of 10 days he could only exercise visitation rights for 5 days, as the mother had some function and the other day the son was not interested. It is the case of the father whenever he has to reach the house of the mother and again go back to his house, he has to travel 100 kms. Earlier on two occasions, when he has come, visitation rights at the mother’s place by 7.30 pm. on Saturday i.e., on 29.06.2024 Today, the parents and the child are present before this Court. The boy tells this Court that he is not comfortable going to the father, that's why he did not go to the father and while having the conservation, it was stated that overnight stay at father's place he is not interested. However, though he has not stated in so many words, the impression of this Court is that the boy do not have any reservation to be with the father during the course of the day. Further submits that 3rd July is - 9 - HC-KAR NC: 2025:KHC:32572 WP No. 7182 of 2023 C/W WP No. 7678 of 2023 his birthday and 11th July is his son's birthday. On that day he may be permitted to exercise the visitation rights. Considering all these, this Court deems it appropriate to permit the father to exercise the visitation rights. Accordingly the following: ORDER i. The father can exercise the visitation rights on Saturday i.e., on 06.07.2024 at 9.00 a.m. the father can pickup the child from the mother's place and drop him back at her place before 10.00 pm. ii. The boy shall go to the father on Saturday and by any chance if the order of the Court is not complied with by the boy, then the Court will be forced to pass appropriate orders. As this court had passed several orders earlier and without a valid reason he did not go to the father. iii. 03.07.2024, it is the birthday of the father. On that day, the father can pick up the child from the school at 2.30 pm. and he should drop the child by 7.00 pm., or after the lunch, as per the wish of the child. iv. Оп 11.07.2024, it is the birthday of the child. On that day, the father shall pick up the child by 2.30 pm. and drop him sharp by 5.00 pm. Occasions, when he has come, visitation rights could not be exercised because of various reasons as stated by the mother. Earlier when the matter came up it is informed to the court that settlement is going on and there is a likelihood of settlement. After the interaction with both the father and - 10 - HC-KAR NC: 2025:KHC:32572 WP No. 7182 of 2023 C/W WP No. 7678 of 2023 mother, this court felt that both of them are not trusting each other and they feel that even if agreement is entered, the other person will not adhere to the terms of the agreement. Considering all these facts, particularly that the father never had overnight custody of the child earlier. This court deems it appropriate to consider the request of the father for overnight custody. Accordingly the following: 1. The father can exercise overnight custody of the child on Friday i.e., 28.06.2024. The father shall pick up the child form the school on 28.06.2024 and he shall drop the child at mother’s place by 7.30 p.m. on Saturday i.e, on 29.06.2024. 2. The mother submits that school fee of the child is due i.e., an amount of Rs.1,60,000/- for second quarter in the month of October, 2024. The father submits that he will be taking care of the same in due course. Post these matters on 01.07.2024 as part heard at 5.00 p.m. in chambers. On that day, both the father, mother along with the child should be present before this court. On 01.07.2024, the following order was passed: This Court on 24.06.2024 had passed an order permitting the father to exercise the overnight custody of the child on Friday i.e., on 28.06.2024, where he was permitted to pick up the child from the school on 28.06.2024 and he shall drop the child v. Any of the violation of the above order passed by this court by any of the parties will be viewed seriously. - 11 - HC-KAR NC: 2025:KHC:32572 WP No. 7182 of 2023 C/W WP No. 7678 of 2023 Post these matters on 18.07.2024 at 5.00 pm., in chambers. On 18.07.2025 this court had passed the following order: This Court on 01.07.2024 had passed an order, granting visitation rights to the father and he has exercised his visitation rights. Today, the matter is listed before this Court and the Court has interacted with the father, mother and they submitted that the visitation went on well. The father submits that he never had the overnight custody of the child. The mother submits that there are some disputes with regard to the change of school of the child that the mother had changed the school without the notice of the father. Earlier, the father used to pay the school fees of the child and after the change of the school, he has not paid the school fees. Learned counsel for the respondent submits that the trial Court had directed the mother to pay the school fees for that particular year when the boy was shifted to the other school. Considering the fact that the father did not have the overnight custody of the child from a long time, this Court deems it appropriate to grant overnight custody once and basing on what has transpired on that day, further orders can be passed. Considering the father’s request that going to Tirupati is long pending, accordingly, the following: ORDER i. On 26.07.2024 i.e., Friday, the father can pick up the child from the school and take him to the mother's - 12 - HC-KAR NC: 2025:KHC:32572 WP No. 7182 of 2023 C/W WP No. 7678 of 2023 place and from there by taking the luggage, they can go to Tirupati and can have darshan on 27.07.2024 i.e., Saturday morning and from there he shall plan the rest of the program after consulting with the boy and also as per his choice. He can spend time with the boy till 5:00 p.m. on 28.07.2024 i.e., Sunday. By 5:00 p.m., he shall drop the boy at the mother's place. ii. The father shall transfer the first term school fees of an amount of Rs.1,53,525/- to the mother on 22.07.2024 as the mother has already paid the first term fees of the boy. Post these matters on 30.07.2024 in the chambers at 5:00 p.m. as ‘part-heard’. On 30.07.2024 this court had passed the following order: This Court on 18.07.2024 had passed an order, granting the overnight custody to the petitioner/father and also directed the petitioner/father to transfer the first term of school fees which was already paid by the respondent/mother. 2. Today, both the parties and the learned counsel are present. 3. The petitioner/father submits that the visitation went on very well, on that day and he had a good time with the child and he had taken him to Chennai. It is submitted that this Court had directed the petitioner/father to transfer the money on 22.07.2024. With some confusion regarding the bank details, on that day he could not transfer, but as of now, he has already transferred the amount and the respondent/mother submits that she had received the amount. 4. Considering all these, as the child who was reluctant to stay overnight, father had a good time with him. Hence, this Court deems it appropriate to - 13 - HC-KAR NC: 2025:KHC:32572 WP No. 7182 of 2023 C/W WP No. 7678 of 2023 grant overnight custody to the petitioner/father. Accordingly, the following: ORDER i. The father can have the overnight custody of the child on 10.08.2024 and 24.08.2024. He can pick up the child on Saturday at 10.00 am. from the mother’s place and shall drop him back on Sunday at 7.00 pm. ii. On the eve of Ganesh Chaturthi i.e., on 07.09.2024, the father shall pick up the child from the mother’s place at 5.00 pm. and drop him back on Sunday i.e., on 08.09.2024 by 7.00 pm. iii. Both the parties shall adhere to the timings. iv. Earlier, some efforts were made to settle the issue amicably and also some agreement was prepared. The parties shall deliberate on that and next time when the matter comes up, if either of them have any difficulties with any of the clauses they can submit the same before this Court. Post these matters on 10.09.2024 in chambers at 5.00 pm. On 10.09.2024 this court had passed the following order: Both the parties along with their respective learned counsels are present before this Court in chambers. It is submitted that as per the earlier order the visitation went on well and the parties are in the process of settling the disputes between them and they will come up with the outcome by the next date of hearing. Post these matters on 23.09.2024 in the chambers at 5.00 pm. and the parties shall be present on that day. As the matter is posted to 23.09.2024, on 14.09.2024 and 21.09.2024 i.e., on Saturdays, the father shall pick up the child from the mother’s place at 9.00 am. and shall drop him back by 8.00 pm. - 14 - HC-KAR NC: 2025:KHC:32572 WP No. 7182 of 2023 C/W WP No. 7678 of 2023 On 25.10.2024 this court had passed the following order: Heard the learned Senior Counsel and the counsel appearing for the respondents, and also both the parties present through Video Conference.It is submitted that settlement talks are going on, except for one clause, both the parties have agreed for other clauses and that by the next date of hearing, they would come up with a settlement and inform the Court about how the settlement talks went on. It is submitted that in ‘Deepawali’ festival the father may have the overnight custody of the child. Considering the submission of both the parties, this Court is passing the following: ORDER The father can pick up the child on Saturday, the 2nd November 2024 from the mother’s place at 11’O clock in the morning; and he can drop the child at the school on 04.11.2024. List this matter on 07.11.2024 at 2.30 p.m. On 28.11.2024 this court had passed the following order: Heard the learned senior counsel appearing for the petitioner-husband physically and learned counsel appearing for the respondent-wife through video conference. Earlier when the parties appeared before the Court, it is stated that there is a likelihood of settlement and both of them have exchanged the terms of the settlement. Now, on one point the parties are not agreeing is about the mode of payment of one crore to the wife, according to the wife, she wants the amount at one go and for the husband it is difficult to pay. Later, this Court has expressed that the husband shall pay the entire amount from December-24 to December-25, initially husband shall pay Rs.50,00,000/- at the time of filing of joint memo and the remaining amount shall be paid by December-25. - 15 - HC-KAR NC: 2025:KHC:32572 WP No. 7182 of 2023 C/W WP No. 7678 of 2023 It is his case that he is paying the entire school fee of the boy and also as per the order of the Court towards maintenance, he is paying an amount of Rs.35,000/- per month. Learned counsel appearing for the respondent submits that as per joint memo, there should be a clause that an account shall be created and in that certain amount shall be deposited by the father. Learned senior counsel appearing for the father submits that father is already paying the entire school expenses of the child which is around rupees 3.5 lakhs. It is submitted that the court had granted maintenance of an amount of Rs.35,000/- per month to the child. It is submitted that both the mother and father shall take equal responsibility and father will contribute half of the amount. Learned counsel for the mother submits that father may give an amount of Rs.20,000/- and remaining amount of Rs.15,000/- will be by the mother. Both the parties shall deliberate on this and if any compromise is arrived at, they shall come up with a joint memo before this Court by 12.12.2024. Considering the submission of both the parties, this Court is passing the following : ORDER 1. Father shall pay second term school fee of the child, which is due by the next date of hearing. 2. The father can pick up the child on Saturday, the 30th November 2024 from the mother’s place in the evening; and he can drop the child back on Sunday, i.e. 1st December 2024 by 6 ‘O’ clock. 3. The father can pick up the child on Saturday, the 7th December 2024 from the mother’s place in the evening; and he can drop the child back on Sunday, i.e. 8th December 2024 by 6 ‘O’ clock. List this matter on 12.12.2024. - 16 - HC-KAR NC: 2025:KHC:32572 WP No. 7182 of 2023 C/W WP No. 7678 of 2023 On 07.02.2025 this court has passed the following order: Learned counsel for both the parties submits that that the parties have come to an agreement to resolve all the pending litigation between them and they have also agreed upon visitation & custody of the minor child. The monetary terms of the agreement i.e., that the father will be paying an amount of Rs.1.00 crore to the mother. Out of Rs.1.00 crore he will be paying an amount of Rs.50.00 lakhs on 25.02.2025 and remaining amount of Rs.50.00 lakhs by 29.04.2025. Father will be taking care of all the expenses of the child. Both the parties will enter into an agreement on 25.04.2025 and the same will be filed before this court. As per the earlier arrangement, the visitation of the child shall continue till 25.04.2025. List this matter on 29.04.2025. Initially when the child was reluctant to meet the father, this court has interacted with the child and thereafter the child started going to the father and considering the mothers request with regard to the father not paying the school fees, on the directions of this court the father has paid the school fees and also paid the maintenance. Now it is submitted by the learned counsel for the mother that from the last couple of months he is not paying the maintenance. The family court had granted divorce and also alimony to the wife, against that both the husband and the wife have filed appeals which are pending consideration before the division bench of this court. The - 17 - HC-KAR NC: 2025:KHC:32572 WP No. 7182 of 2023 C/W WP No. 7678 of 2023 disputes between the parties particularly with regard to the alimony will be decided before the division bench. This case is pertaining to the visitation of the father. While granting the visitation and while dealing with the custody/visitation of a minor, the court is concerned only with the welfare of the minor and it is the paramount consideration of the court. There are no reasons for this court to believe or to understand that granting visitation to the father in any way detrimental to the interest of the child. Now the boy is aged about 11 years and this court has interacted with him. He is a very intelligent child. Because of the choice he has either he can go to the father or he may not, without any reason he refused. After the order of the Court he was going to the father staying overnight and it is informed that from the last 1½ year visitation was going on well. The submission of the counsel for the mother that boy is not interested to meet the father, this court finds no basis for that. When the compromise talks are going on the boy was meeting the father and when the compromise talks failed suddenly he is not evincing interest to see the father. This particular mind set of the boy is not in the welfare of the boy. It appears that the conduct of both the parties is also contributing to this attitude - 18 - HC-KAR NC: 2025:KHC:32572 WP No. 7182 of 2023 C/W WP No. 7678 of 2023 of the boy. This court had made its best efforts to see that the dispute can be settled amicably and both of them can have the best time with the boy. It appears that both the mother and the father are not able to understand the same and they are still bent upon fighting their egos and both of them are unable to realize that it would have an impact on the minor child. 8. Coming to the impugned order the family court had granted 30% of the Summer vacation, Dasara vacation and Christmas vacation from 11.00 a.m. to 5.00 p.m. Considering the age of the boy and the fact that earlier visitation had went on well, this Court is of the view that both the parents can have 50% of the vacation on Summer, Dasara and Christmas and during the said 50% of the vacation, the father can have the complete custody of the child. 9. In the light of the above discussion, this Court is passing the following order: - 19 - HC-KAR NC: 2025:KHC:32572 WP No. 7182 of 2023 C/W WP No. 7678 of 2023 ORDER i. The impugned order passed in G & WC.No.250/2017 dated 13.01.2023 by IV Additional Judge, Family Court, Bangalore is modified. ii. On the father's birthday as well as the child's birthday, as per the order of the family court, the parties can decide with regard to the 5 hours visitation and the convenient time. iii. On all the festivals that are celebrated in the family, as per the convenience of the parties, the father can have the visitation for 4 hours. iv. When it comes to the 50% of the vacation, first 50% of the vacation the father shall have and second 50% mother will have. The father can have the complete custody of the boy for the 50% of 1st part of vacation. v. Accordingly, WP.No.7182/2023 filed by the father is Allowed. - 20 - HC-KAR NC: 2025:KHC:32572 WP No. 7182 of 2023 C/W WP No. 7678 of 2023 vi. Accordingly, WP.No.7678/2023 filed by the mother is Dismissed. vii. All pending I.As. in these petitions shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 0