Karnataka State Commission For Protection Of Child Rights Not Empowered To Grant Visitation Rights To Parents: High Court
The Karnataka High Court has held that the State Commission for Protection of Child Rights cannot pass an order granting visitation rights of the child to a parent.A single judge bench of Justice Jyoti Mulimani observed,“The Commission is an advisory body and it could frame or suggest policy decisions with respect to the child’s rights to the State Government. The Act does not empower...
The Karnataka High Court has held that the State Commission for Protection of Child Rights cannot pass an order granting visitation rights of the child to a parent.
A single judge bench of Justice Jyoti Mulimani observed,
“The Commission is an advisory body and it could frame or suggest policy decisions with respect to the child’s rights to the State Government. The Act does not empower and conferred with any power of adjudication or to decide adversarial proceedings. The commission has no power to adjudicate any lis between two parties.”
The petitioner-wife had complained to the Commission seeking protection for her child from the respondent-husband. However, the Commission made certain recommendations and directed that the father may visit the child every first and third Saturday from 12 noon to 9:00 p.m, and he will make arrangements to pick up and drop off the child.
The petitioner challenging this order submitted that the Commission has no power to pass an order granting visitation rights and in any case, the respondent-husband has initiated proceedings under the Guardians and Wards Act, 1890 before the appropriate forum.
The High Court noted that the State Commission for the Protection of Child Rights is a statutory authority; Section 13 of the Commissions for Protection of Child Rights Act, 2005 enumerates the functions of the Commission.
Following which it held “It is not in dispute that the proceedings under the 1890 Act are pending before the competent court. Under these circumstances, the Commission could not have passed the order of visitation rights.”
It added “The commission has failed to have regard to relevant considerations and disregarded relevant matters. In my considered opinion, the order passed by the commission is one without jurisdiction and is unsustainable in law.”
Accordingly it allowed the petition.
Case title: XYZ And Karnataka State Commission for the Protection of Child Rights & ANR
Case No: WRIT PETITION NO. 37674 OF 2017
Citation: 2023 LiveLaw (Kar) 82
Date of Order: 03-02-2023
Appearance: Advocate Siddharth B.Muchandi for petitioner; Advocate Geetha.M for R1.