Karnataka High Court
MFA/950/2026 of MR. RANJAN DATTA Vs MRS. SUDIPTA DUTTA on 7 August 2026
CNR: KAHC010087302026 NC: 2026:KHC:42626-DB MFA No. 950 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 950 OF 2026 (GW) BETWEEN: MR.
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF AUGUST, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
MISCELLANEOUS FIRST APPEAL NO. 950 OF 2026 (GW)
BETWEEN:
MR. RANJAN DATTA
S/O LATE SANTOSH DATTA
AGED ABOUT 48 YEARS
RESIDING AT: B 602, HRC IBBANI,
KV JAYRAM ROAD, JAKKUR P.O,
BANGALORE - 560 064
PH: 9513471098
PREVIOUS ADDRESS: JJD-L, JNCASR
JAKKUR P.O. BENGALURU - 560 064
…APPELLANT
(BY SRI. ANIL KUMAR, ADVOCATE)
AND:
MRS. SUDIPTA DUTTA
W/O RANJAN DATTA O
D/O SUDHIR DUTTA
AGED ABOUT 44 YEARS
RESIDING AT: B 201,
CENTURY MARVEL APARTMENT
HEBBAL, KEMPAPURA
BANGALORE - 560 024
PREVIOUS ADDRESS:
KAPILA-3, II SC,
BENGALURU - 560 012
YESHWANTHPUR.
…RESPONDENT
(BY SMT. BEAULA JEMIMA THILAKAVATHI, ADVOCATE)
Digitally
signed by
REKHA R
Location:
High Court
of
Karnataka
HC-KAR
THIS MFA IS FILED UNDER SECTION 47 (C) OF
GUARDIANS AND WARDS ACT, AGAINST THE JUDGMENT AND
DECREE DATED:05.01.2026 PASSED IN G AND WC.NO.
306/2017 ON THE FILE OF THE II ADDITIONAL PRL JUDGE
FAMILY
COURT,
BENGALURU,
PARTLY
ALLOWING
THE
PETITION FILED U/S.25 OF THE GUARDIANS AND WARDS ACT,
1890.
THIS MFA, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE T.M.NADAF
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ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE T.M.NADAF) This appeal is by the petitioner/father, assailing the Judgment and award dated 05.01.2026 passed by the II Addl. Principal Judge, Family Court, Bengaluru1 in G & WC No.306/2017.
2. The Family Court under the impugned order, partly allowed the petition filed by the petitioner-father 1 'the Family Court', for short
HC-KAR
under Section 25 of the Guardians and Wards Act, 18902, granting visitation rights of the minor child Master Driptarshi Datta on every 2nd and 4th Sundays from 10:00 a.m. to 4:00 p.m. Further ordered that the father shall have rights to make audio/video calls to the minor child on every Tuesday and Friday for 10 to 20 minutes in between 7:00 p.m. and 8:00 p.m. The petitioner shall have interim custody of the minor child during 50% of the school vacations whenever it is more than 4 days. The Family Court further ordered that the parties are at liberty to fix 50% of school vacations convenient to themselves and the minor child, and the petitioner shall pick up and drop the minor child at the residence of the respondent - mother.
3. The parties are referred to as per their ranking before the Family Court.
4. Heard, Sri.Anil Kumar, learned counsel appearing for the petitioner- father and Smt.Beaula 2 G & WC Act, for short
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Jemima Thilakavathi, learned counsel appearing for the respondent-mother.
5. Having, heard the rival submissions, we are in confirmity with the order passed by the Family Court declining to grant custody of the child. However, in view of our interaction with the appellant and the child, we are of the opinion that the following modification is required for the purpose of bonding the relationship of child and the father. In that regard, we little enhance the visitation rights as under: i) The petitioner - father shall have visitation rights of the minor child Master Driptarshi Datta on every Sunday from 10:00 a.m., to 4:00 p.m., without any overnight custody. ii) The petitioner - father shall communicate with the child every day through phone call in between 7:00 p.m., to 8:00 p.m., for a period of six months. iii) After a period of six months, in the event the bonding between the father and the child
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improves, the petitioner - father may file an application seeking overnight custody. iv) So far as custody during the holidays, the order of the Family Court is kept intact. v) Neither the respondent - mother shall not come in the way of the petitioner's visitation rights granted hereinabove, nor the father shall not any take any disadvantage of the rights given herein above. Any contravention by either parties would be viewed seriously entirely on the other party complaining to move an applications seeking for modification of the order herein above.
6. With the above observations and modifications, the appeal is disposed of.
Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE
TKN List No.: 1 Sl No.: 12