K C VIJAYAKUMARA Vs. S GEETHA

JUDGEMENT

(1.) The petitioner, father of a minor boy aged about 12 years, has filed these petitions as his applications in G & W.C. No.36/2015 on the file of the IV Additional Principal Judge, Family Court, Bangalore City are rejected.

(2.) The petitioner's first application (I.A. No.4) under Order VI Rule 17 read with Sec. 151 of Code of Civil Procedure (for short, 'CPC) is for amendment of the petition filed by him under the provisions of Sec. 8 of the Hindu Minority and Guardianship Act, 1956 read with provisions of Sec. 29 of the Guardians and Wards Act, 1890. The proposed amendment is to substitute the aforesaid provisions with provisions of Sections 7 & 8 of the Guardians and Wards Act, 1890, and to include the circumstances, which according to the petitioner is only a further elucidation of what is already stated in the petition to disqualify the respondent - mother of the child from the custody. This application in IA No. IV is rejected by the learned Family Court judge vide the impugned order dated 7th Oct., 2016. The petitioner's other application (I.A. No.5) filed under Sec. 151 of Civil Procedure Code for interim custody of the minor child is allowed in part by another impugned separate order dated 7th October, 2016. The petitioner vide this order on IA No. 5 is granted visitation rights to visit the child on alternative Sundays between 10.00 a.m. and 1.00 p.m. with prior intimation to the respondent and at a place that is convenient and closer to the respondent's residence.

(3.) This Court, as regards the petitioner's visitation rights, has granted interim order and the last such interim order is on 25.04.2017. The interim order dated 25.04.2017 reads as under: