SMT.SUNAYANA MADHURI vs SRI.SRIKANTH R.B.
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:60647
WP No. 28223 of 2026
CNR: KAHC010604542026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 30 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 28223 OF 2026 (GM-FC)
BETWEEN:
1. SMT.SUNAYANA MADHURI
W/O SRI SRIKANTH R.B.,
AGED ABOUT 43 YEARS,
RESIDING AT NO. 217,
SURAKSHA TRANQUIL
GARDENS APARTMENTS,
HULIMAVU MAIN ROAD,
BENGALURU -560 076
2. MASTER TANAY,
MINOR, AGED ABOUT 11 YEARS,
REPRESENTED BY HIS MOTHER
AND NATURAL GUARDIAN,
SMT. SUNAYANA MADHURI,
PETITIONER NO.1 HEREIN,
RESIDING AT NO. 217,
SURAKSHA TRANQUIL
GARDENS APARTMENTS,
HULIMAVU MAIN ROAD,
BENGALURU 560 076.
…PETITIONERS
(BY SRI. KAPIL DIXIT, ADVOCATE)
AND:
SRI.SRIKANTH R.B.
S/O SRI BALAKRISHNA MURTHY,
AGED ABOUT 48 YEARS,
RESIDING AT NO. 182,
Digitally
signed by
SUVARNA T
Location:
HIGH COURT
OF
KARNATAKA
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HC-KAR
NC: 2026:KHC:60647
WP No. 28223 of 2026
CNR: KAHC010604542026
TH ND
18 MAIN, 2 STAGE,
BTM LAYOUT,
BENGALURU -560 076
…RESPONDENT
(BY SMT.AISHWARYA R., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT OF CERTIORARI, OR ANY OTHER APPROPRIATE
WRIT, ORDER OR DIRECTION, QUASHING/MODIFYING THE
ORDER DATED 20.08.2026 PASSED BY THE HONBLE II
ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU,
IN I.A. NO. 10 IN MC NO. 5699/2021, INSOFAR AS IT GRANTS
OVERNIGHT CUSTODY OF PETITIONER NO.2 TO THE
RESPONDENT AS ANNEXURE-D.
THIS WRIT PETITION HAVING BEEN HEARD AND
RESERVED ON 08.10.2026, COMING ON FOR
PRONOUNCEMENT OF ORDER THIS DAY, THE COURT
PRONOUNCED THE FOLLOWING:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CAV ORDER
The present writ petition is filed aggrieved by the order
passed on IA.No.10 in MC.No.5699/2021 dated 20.08.2026 by
the II Additional Principal Judge, Family Court, Bengaluru,
whereby the family court had granted overnight custody of the
child to the father, the mother is before this court.
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NC: 2026:KHC:60647
WP No. 28223 of 2026
CNR: KAHC010604542026
2. Both the parties are referred to as mother and father
for the sake of convenience.
3. The mother had filed MC seeking divorce, in that father
filed an application seeking parenting time with the child. The
st
family court initially had granted parenting time on every 1
rd
and 3 Saturday of every month from 11:00 a.m. to 02:00 p.m
in IA.No.2. Mother had filed IA No.9 to modify the order. It is
the case that the father by taking the minor child for overnight
custody, he is emotionally manipulating by asking questions
against the mother. The father is making the minor child
physically exhausted and mentally fatigued. The father is
gifting sharp objects, paan masala, causing distress to the
mother. Accordingly, seeks to change the place of parenting
time to the visitation room, Family Court, Bangalore. The family
court had dismissed I.A.No.9 observing that the child is now
developing bond with the father, under such circumstances
directing the child to be produced before the visitation room, as
the child is aged more than 5 years is not advisable and
accordingly dismissed the application. Then father has filed
IA.No.10 seeking custody of the child from Friday evening to
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HC-KAR
NC: 2026:KHC:60647
WP No. 28223 of 2026
CNR: KAHC010604542026
Sunday evening on festivals and public holidays without
presence of the mother. The family court by order impugned
had permitted the father to take the child on Friday after 06:00
p.m. from the natural residence of child along with necessary
clothes etc., and drop the child back by next Sunday 06:00 p.m
st rd
on 1 and 3 Saturday and Sunday. While passing the order,
the family court observed that, after reviewing the material on
record and considering the child's age of about 12 years and
the respondent's prayer, in the light of settled law, the family
court deemed it appropriate to pass the order.
4. Learned counsel appearing for the petitioner/mother
submits that after the father obtained an order for daytime
parenting time, he has on several occasions, misused it to
instigate the child against the mother, to encourage the child to
disrespect her, and to encourage the child to leave home,
making it stressful for the mother to protect the child from such
instigation. He has misused it by making remarks about the
mother in the presence of the child and by representing to the
child that the mother demands money from him. The conduct
of the father and his family members towards the child,
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WP No. 28223 of 2026
CNR: KAHC010604542026
particularly during unsupervised overnight custody, is likely to
adversely affect the child's behavior, mental health, and
academic performance. The unhealthy habits attributed to the
father have already affected the child's health, and
unsupervised overnight custody would aggravate this without
any corresponding safeguard. The father is habituated to
alcohol and tobacco, and exposing the child to this environment
during unsupervised overnight custody, beyond the reach of
protective adult supervision, poses a direct risk to the child's
physical and moral well-being. The father has informed the
child that an unrelated adult resides with him, and it is
submitted that such an arrangement in a household without
any other suitable caregiver poses a risk to the child's safety,
and that the welfare principle enshrined with this Court to
guard against the same. It is stated that the overnight
parenting time granted to the father is not in the interest of the
child and that it has to be modified.
5. Learned counsel appearing for the respondent/father
submits that the boy is enjoying the father's company, there
are no disturbances, and the mother, only with the intention to
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WP No. 28223 of 2026
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see the father, will not be able to exercise parenting time, has
filed this application. It is submitted that the trial court has
rightly considered and dismissed the application, and there is
no reason to interfere.
6. Having heard the learned counsel on either side,
perused the entire material on record. When the matter came
up before this court on 17.09.2026, this Court had permitted
the father to pick up the child on 18.09.2026 at 06:00 p.m.,
the father shall drop the child back on 20.09.2026 at 06:00
p.m. and the matter was directed to be listed on 22.09.2026 at
05:30 p.m. in the chambers so that the Court will interact with
the child and both parents and understand the inconvenience to
the parents. Then, on 22.09.2026, this court passed an order
observing that the court had interacted with the father, mother,
and child in chambers. It is submitted by the father that the
parenting time with the child went very well. According to the
mother, the child was not very comfortable with the father
overnight because the child had not seen the father for 5 years.
Then, at the request of the counsel, the matter was adjourned
on 2 to 3 occasions to obtain specific instructions from the
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mother. Then, on 08.10.2026, the learned counsel representing
the mother argued the matter and submitted that granting
overnight custody to the father is not in the interest of the
child. This Court, time and again is coming across cases, in
every order of parenting time with the child, the custodial
parent always has one or the other objection. In matters
concerning the child, the welfare of the child is undoubtedly the
paramount consideration. However, the principle of welfare
cannot be invoked as a convenient justification for disregarding
an order already passed after judicial consideration. When
overnight parenting time is granted, the court has considered
that the child's welfare would be served by spending
meaningful time with the parent with whom the child does not
ordinarily reside. Such an arrangement is not merely intended
to facilitate a meeting between the parent and child. It enables
the child to experience everyday aspects of family life, including
spending evenings together, sharing meals, following daily
routines, and developing a sense of belonging in both parental
1
homes. In the case of Yashita Sahu Vs. State of Rajasthan ,
the Hon’ble Supreme Court emphasized the importance of the
1
2020 3 SCC 67
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child receiving the affection, care and companionship of both
parents. The Court recognised that matrimonial differences
should not deprive a child of the relationship with either party.
2
In the case of Eby Cherian Vs. Jerema John , the Apex Court
considered the importance of a predictable arrangement for
overnight custody. The Court observed that compelling a parent
to file repeated applications to obtain overnight access creates
unnecessary conflict and diminishes the time available to
maintain the parent-child relationship. A structured
arrangement was therefore ordered in the interest of the child's
welfare. In cases of this nature, when the mother raises
genuine concerns regarding the child's health, safety, or
emotional well-being, those concerns can be considered by the
court. Objections that are unsupported by relevant material or
that merely reflect the mother's personal unwillingness to
permit overnight parenting time cannot be considered by the
court. It is important to distinguish between a child's genuine
discomfort and an objection raised by a parent in the child's
name. In this case, the boy is aged about 12 years old, if the
father is permitted to have overnight parenting time with the
2
2025 INSC 709
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NC: 2026:KHC:60647
WP No. 28223 of 2026
CNR: KAHC010604542026
child, the child will develop a relationship and bonding with the
father. If this is not provided and only limited hours of
parenting time are permitted, it will never allow them to
develop a genuine bond between the father and the child.
7. In those circumstances, this Court do not find any
reasons to interfere with the order passed by the Family Court.
It is needless to mention that if there are any changed
circumstances or any genuine discomfort based on material,
the mother can always bring the same to the notice of the court
by way of an appropriate application and the family court would
consider the same in accordance with law. Accordingly, this
court do not find any reasons to interfere with the well-
considered order passed by the family court. Hence, this court
is passing the following:
ORDER
i. Accordingly, the writ petition is dismissed .
ii. Pending IAs., in this petition shall stand closed.
SD/-
(LALITHA KANNEGANTI)
JUDGE
TS/List No.: 1 Sl No.: 4
*AK