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The Karnataka High Court has modified a child visitation arrangement after finding that requiring a 10-year-old boy to travel about 475 kilometres each way every month between Bengaluru and Honnavar was too hectic for him.
Justice Chillakur Sumalatha held that the welfare of the child must remain the primary consideration while balancing the mother’s right to meet her son. The Court therefore altered the earlier visitation schedule ordered by the Senior Civil Judge and JMFC, Honnavar.
Background
The matter arose from matrimonial proceedings pending before the Senior Civil Judge and Judicial Magistrate First Class at Honnavar in M.C. No.39/2023.
The mother had filed an application seeking custody of her child. The trial court directed the father, to hand over the child to the mother every second Saturday at or before 10 a.m. and take him back on the following Sunday before 11 a.m. The father was also directed to hand over the child during the second half of all school vacations.
The father challenged that arrangement before the High Court.
His counsel pointed out that the child was around 10 years old and studying at Delhi Public School, Bengaluru, while the mother lived at Honnavar. The distance between the two places was around 475 kilometres. According to the father, the arrangement required the child to travel approximately 1,000 kilometres every month, which was affecting his health.
The mother opposed the petition. Her counsel submitted that the child was affectionate towards her and that she also needed to spend time with him at least once a month. It was argued that the visitation direction passed by the trial court was therefore sustainable.
The High Court noted that the distance between Bengaluru and Honnavar was not disputed.
Under the earlier arrangement, the child would have to attend school on Friday, travel from Bengaluru to Honnavar in the evening, spend time with his mother and then make the return journey on Sunday. He would then have to attend school again from Monday morning.
The Court observed that such a routine would place a significant burden on a 10-year-old child.
"A child of 10 years old cannot take up such a hectic task. Literally child has become a victim of the disputes that are prevailing between the estranged couple who are parties to these proceedings."
Justice Chillakur Sumalatha emphasised that the welfare of the child was the foremost consideration in deciding the visitation arrangement.
At the same time, the Court made it clear that the mother’s interest in maintaining contact with her son also needed protection. The Court therefore found that the monthly visitation direction, in the circumstances of the case, could not continue in its existing form.
The High Court modified the visitation schedule.
It directed the father to hand over child custody to the mother on the second Saturday of every alternate month, at or before 10 a.m. The father can take back custody on the following Sunday at around 10 a.m.
The Court further clarified that if the mother gets custody of the child during a vacation falling in a particular month, the father would not be required to hand over custody again on the second Saturday of that month.
With these directions, the Karnataka High Court disposed of the writ petition.
