Monday, January 24, 2011

Mother can not prevent dad from meeting their child - Shivkumar Challa's case

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.
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.
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.

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