Sri. Santhosh S S vs Smt. Archana M S on 9 December, 2020

Sri. Santhosh S S

Introduction: The writ petition, WRIT PETITION NO.13440/2020 (GM-FC), was filed by Sri Santhosh S.S, seeking directions from the High Court of Karnataka at Bengaluru to the 1st Additional Family Court to expedite the consideration of an interlocutory application under Section 12 of the Guardians and Wards Act (I.A.No.2) regarding visitation rights to minor children.

Background: The petitioner, Sri Santhosh S.S, approached the High Court aggrieved by the delay in the consideration of his interim application for visiting his minor children in G&WC No.103/2020 pending before the Family Court. The respondent, Smt. Archana M.S, contested the petition through her advocate, Sri Ramesh Kumar R.V.

Key Arguments: The petitioner’s counsel, Sri Shrikara P.K, argued for expeditious consideration of the petitioner’s interim application, emphasizing the importance of maintaining the parent-child relationship. The respondent’s counsel, Sri Ramesh Kumar R.V, assured cooperation and proposed interim visitation arrangements, suggesting video conferences and in-person visits on weekends.

Court’s Observations: The court noted the delay in considering the petitioner’s interim application and the parties’ willingness to cooperate in resolving visitation issues. It acknowledged the importance of maintaining parent-child bonds and ensuring visitation rights are exercised without hindrance.

Court’s Decision: The court directed the Family Court to expedite the consideration of I.A.No.2, setting an outer limit of four months for disposal from the next date of hearing. Additionally, it granted the petitioner visitation rights to the minor children every Saturday from 4pm to 6pm at the respondent’s residence, with instructions to ensure no untoward incidents occur during the visits.

Conclusion: The judgment highlights the judiciary’s commitment to safeguarding parent-child relationships and ensuring prompt resolution of visitation disputes. By directing expeditious consideration of the petitioner’s application and granting interim visitation rights, the court addresses the petitioner’s concerns while promoting the best interests of the minor children. The decision underscores the importance of cooperation between parties and judicial intervention to uphold visitation rights in family law matters.

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