The Karnataka High Court has recently modified a family court's visitation order that required a 10-year-old boy studying in Bengaluru to travel nearly 1,000 kilometres every month to spend a weekend with his mother in Honnavar, observing that the child had 'literally become a victim of the disputes' that occurred between the estranged couple. [2026 LiveLaw (Kar) 346]

The Single Judge Bench of Dr. Justice Chillakur Sumalatha was hearing a writ petition filed by the father, challenging the order passed by a Family Court at Honnavar in an interim application, in favour of the wife.

“…A child of 10 years old cannot take up such a hectic task. Literally child has become a victim of the disputes that are prevailing between the estranged couple who are parties to these proceedings. Paramount welfare of the child is the prime consideration. Therefore, this Court is of the view that the directions given for such visitation are unsustainable.”, the court noted.

Protecting the interests of the mother too, the court noted that visitation order can be modified as below:

“…Petitioner/father shall hand over the custody of the child …to respondent/mother on every second Saturday of alternative month at or before 10.00 a.m. and can take back the custody of the child on coming Sunday around 10.00 a.m. In case respondent/mother gets the custody of the child during vacation which falls in any month, petitioner/father need not hand over the custody of the child on the second Saturday of that month..”, the court noted.

To recap, in the pending matrimonial proceedings at Honnavar, the respondent-wife filed an application seeking custody of her son. Pursuant to that, the Family Court in march directed the petitioner-father to hand over the child to the respondent-mother on every second Saturday at or before 10:00 AM, and to take back the child on the next Sunday before 11:00 a.m.

The petitioner-husband, before the High Court, submitted that the child was studying in Bengaluru City whereas the respondent-mother resides at Honnavar. The husband pointed out that the distance between Bengaluru and Honnavar is approximately 475 kilometres.

It was contended that making the child travel such a long distance frequently was affecting his health, as the child was required to travel approximately 1,000 kilometres every month. The petitioner, therefore, sought quashing of the impugned order by the Family Court at Honnavar.

On the other hand, the mother argued that the couple had two children and the younger child is already with her. It was argued that the elder child whose visitation is in question is very affectionate towards his mother, and hence, at least once a month, the mother must see the child and attend to him.

“…As per the directions in the impugned order, child should travel from Bangalore to Honnavar on every Friday, spend time with his mother and on Sunday he has to travel again back from Honnavar to Bengaluru. Thus literally child has to attend his school from morning to evening on Friday and in the evening he has to take any means of transport either bus, train, or something alike and travel from Bangalore to Honnavar and thereafter has to spend time with his mother and again on Sunday he has to travel equal distance that is around 475 kilometres from Honnavar to Bengaluru, reach Bengaluru either during night of Sunday or in the morning of Monday and on Monday again he has to sit in his classroom from morning to evening…”, the court highlighted the strenuous exercise the child undertakes due to the conflict between his parents, before modifying the order as aforesaid.

Accordingly, the petition was disposed of.

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