In one of the rarest cases, the Karnataka High Court on Thursday gave permission to a software professional to meet his children at one of the clubs that is convenient to him. Earlier, a lower court had permitted him to meet his kids at the Bangalore mediation centre. Unhappy with the verdict, Mahesh (name changed) approached the court, seeking permission to meet his children at a suitable place.
Justice Abdul Nazeer passed an order saying the father could meet his children at the Bangalore Club, where his ex-wife Madhuri (name changed) is a member.
Mahesh and Madhuri, who got married in 2000, have two kids and one of them is adopted. Due to differences, Madhuri filed for a divorce in July, 2013. In the same month, Mahesh filed a case for children's custody in the second additional family court. In August 2013, thecourt accepted his application and passed an order, allowing him to meet his children at Bangalore mediation centre on the first and third Saturdays of every month between 2 and 5 pm.
Mahesh challenged this order in the High Court, saying that mediation centre was usually crowded on Saturdays and the said timings were highly inconvenient to him. Allowing the petition, the court said that if Mahesh wished to meet his children at another place, he could do so.
The court also observed that it was not just and proper to give custody of the kids to Mahesh.
The court also observed that the visiting hours could be changed from 11 to 2 pm. The petitioner has to inform his divorced wife two days in advance through a written letter about the meeting.
Kumar Jahgirdar of Child Right Initiative for Shared Parenting who welcomed the judgment and said the parent should be allowed to take his children out or meet them at a suitable place.
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