Karnataka High Court Refuses To Take Away Father's Visitation Rights On Ground That He Remarried After Divorce & Bears Another Child
The Karnataka High Court has refused to interfere with the order of a family court granting visitation rights of a minor daughter to her father. The mother of the child had objected to it on the grounds that her ex-husband had remarried twice after being divorced from her. A division bench of Justice Alok Aradhe and Justice Vijaykumar A Patil observed,“The assertion of the appellant is...
The Karnataka High Court has refused to interfere with the order of a family court granting visitation rights of a minor daughter to her father. The mother of the child had objected to it on the grounds that her ex-husband had remarried twice after being divorced from her.
A division bench of Justice Alok Aradhe and Justice Vijaykumar A Patil observed,
“The assertion of the appellant is that the respondent has married twice after getting divorce from the appellant and his second wife has a child out of her earlier wedlock and son is in custody of the respondent, the grant of any visitation rights would affect the health, well being of the minor daughter. The apprehension of the appellant has been taken care of by the Family Court, keeping in mind that the minor child being the female child of the appellant and respondent, the permanent custody is given to the appellant-mother.”
It added, "The Family Court has recorded a finding that the respondent cannot be declared as a natural guardian of the female child, however the respondent being the father of the child, the child needs love, care and affection of the father, hence, proceeded to grant visitation rights as well as permitted the respondent to take the minor daughter to his residence during the vacations.”
The woman had contended that the respondent (ex-husband) has not even once visited the appellant’s house to see the child and not spent any money on the daughter’s well being and education and it is the appellant who is taking care of the daughter by providing education. Moreover, the minor child is a school going child, does not have any time to meet the respondent and the visitation rights are conferred against her wishes.
The bench noted that the Family Court has specifically directed the respondent that he shall take utmost care about the safety of the minor child while exercising the visitation rights and when the child is in his custody during the vacations, he shall not leave the minor child with any other person at any point of time.
“The Family Court while granting the visitation rights has kept in mind the welfare and wellbeing of the minor daughter, there is no error in the said finding calling for interference in the present appeal,” it thus observed.
However, the court modified the order regarding period of visitation and directed that while taking custody of the daughter, the father should be accompanied with daughter's elder brother. Further, he shall transfer the expenses and educational fees of daughter to the account of the appellant, court ordered.
Case Title: ABC And XYZ
Case No: M.F.A. NO.8527 OF 2015
Citation: 2023 LiveLaw (Kar) 170
Date of Order: 13-04-2023
Appearance: Advocate Tanusha Subbaya a/w Advocate K.Shrihari for Appellant.
Advocate Krishnamoorthy D for Respondent.