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Mum can’t prevent dad from meeting their child PDF Print E-mail
(1 Vote)
Written by Shyam Prasad - Bangalore Mirror   

Hearing divorce case, chief justice Khehar rules in favour of husband who was denied visitation rights. But the real drama took place outside the court when the lawyer’s former wife turned up

In what is being seen as a landmark judgment in cases related to divorce and visitation rights of parents on their children, the high court of Karnataka on Tuesday ruled in favour of a husband who was prevented from seeing his son for over 10 months.


Kumar V Jahgirdar of the NGO Childrens Rights Initiative for Shared Parenting (CRISP) said,This is a landmark judgment,which sets a precedent in such cases.The court has made it clear that it is the duty of a custodial parent to send the child to the non-custodial parent.By saying that the child should adjust with both natural parents and that the custodial parent should convince the child,the court has given relief to thousands of non-custodial parents.Another important significance of this order is that non-compliance of visitation rights has to be explained before the court the very next day.This is a great turnaround in the thinking of the judiciary in family law.

In what is being seen as a landmark judgment in cases related to divorce and visitation rights of parents on their children, the high court of Karnataka on Tuesday ruled in favour of a husband who was prevented from seeing his son for over 10 months.

The ruling came on the divorce proceedings of Shivkumar Challa and Madhuri who were married in 1996. Their son Rahul was born in 2000. Madhuri is being represented by James Arun Kumar.

Threat of jail

The court berated Madhuri for not following its order to allow her husband to meet Rahul every Sunday.

“We will send you to jail. Do you understand what jail is? You will be sent there right from here. Then your counsel can go to the Supreme Court,” chief justice J S Khehar told a stunned Madhuri in open court.

“Since January, how many Sundays have the father and son met? Not a single Sunday should be missed. Follow the order. If you fail, the following day you should be present in court at 10.30 am to tender an explanation for the same. Jail is a very bad thing. We look upon you as children. But even children should be reprimanded.”

At this point, Madhuri started crying profusely. Seeing this, the chief justice told her, “This is not going to affect us.”

Challa then told the court, “My child’s life is in danger.” But the court told him to stick to the present case, that of child visitation rights.


Lawyer gets it too

After the division bench of the chief justice and justice A S Bopanna had read its order, James Arun Kumar began to plead Madhuri’s case again.

But the chief justice said, “Do not play tricks. Do not play with words. We will be only too happy to take action. You are giving one explanation after the other. We will not allow this to happen. On Monday, you wasted 30 minutes of the court’s time. It will not be allowed to happen again. If there is the slightest deviation from the order, severe action will be taken. We are fed up with this case.”


But the real drama happened outside the court as James Arun Kumar’s former wife Geetha and son Jason showed up. Challa had told Bangalore Mirror that Madhuri and his son were staying with James Arun Kumar who had divorced Geetha seven years ago.

As Challa came out of the court with his mother-in-law (Madhuri’s mother), Geetha told her, “You have not brought up your daughter properly. She stole my husband.”

Madhuri’s mother retorted, “Your husband stole my daughter.”

Son’s plea

Geetha and her son then turned to Madhuri. Geetha berated Madhuri for ‘taking away my husband’,
which led to a heated argument.

While Challa is fighting for visitation rights on his son, Geetha’s son wants his father back. Jason said, “My father drops Madhuri’s son Rahul to the same school where I am enrolled while I go by bus. I want my father back.”

My father drops Madhuri’s son to the same school where I’m enrolled while I go by bus. I want him back
Jason, son of lawyerJames Arun Kumar.


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