Introduction:
The case of Dr. Pramod Mahesh vs Smt. Gauri Pramod, presided over by Justice A.N. Venugopala Gowda at the High Court of Karnataka in Bangalore, centers on a writ petition seeking to modify a family court order regarding child visitation rights.
Background:
Dr. Pramod Mahesh and Smt. Gauri Pramod’s marriage was legally dissolved on November 30, 2012, following a consent divorce mediated in Bangalore. Subsequently, issues arose concerning the visitation rights to their son, Pranay, born March 11, 2009. Smt. Gauri Pramod filed a case under the Guardian and Wards Act, resulting in a family court order that allowed Dr. Pramod Mahesh visitation rights under specific conditions.
Key Arguments:
The petitioner, Dr. Pramod Mahesh, challenged the family court’s order, not in its entirety but specifically the stipulation requiring him to return the child ‘exactly’ at 6:00 p.m. following visitation. He argued that this precise timing could cause practical difficulties due to unpredictable factors like traffic congestion. The petitioner sought a modification of the order to replace “exactly” with “approximately” to allow some flexibility in the timing.
Court’s Observations:
Justice A.N. Venugopala Gowda considered the submissions from both parties during the preliminary hearing. The respondent’s senior advocate, Smt. Pramila M.Nesargi, did not object to the petitioner’s request for modification, agreeing that replacing “exactly” with “approximately” was reasonable.
Court’s Decision:
The High Court found merit in the petitioner’s request and modified the impugned order. The specific word “exactly” was substituted with “approximately” in the order’s operative portion, thereby granting the petitioner the requested flexibility regarding the timing of the child’s return post-visitation.
Conclusion:
This decision highlights the court’s responsiveness to practical and minor issues that can significantly impact the involved parties’ daily lives. By modifying the visitation order to replace “exactly” with “approximately,” the court balanced the need for a structured visitation schedule with the realities of everyday challenges such as traffic, emphasizing a pragmatic approach to family law.
References: https://indiankanoon.org/doc/130120603/