Court reduces frequency of long-distance travel for 10-year-old child between Bengaluru and Honnavar, prioritizing child's health over monthly visitation rights.
In a recent judgment dated August 25, 2026, the Karnataka High Court, presided over by Justice Dr. Chillakur Sumalatha, addressed a contentious child custody and visitation dispute involving a minor child named Atharva. The case, Writ Petition No. 16393 of 2026 (GM-FC), arose out of a custody order passed by the Senior Civil Judge, Honnavar, which mandated that the child travel approximately 475 kilometers one way, between Bengaluru and Honnavar, every month for visitation with his mother, Smt. Chitra Umamaheshwar Bhat.
The petitioner, Sri Ajay Hegde K, father of the child, challenged this order on the grounds that the frequent long-distance travel was adversely impacting the child's health and overall well-being. The child, aged about 10 years, is a student at Delhi Public School, Bengaluru. The father argued that requiring the child to undertake approximately 1000 kilometers of travel per month, often involving overnight journeys by bus or train, was unsustainable and detrimental to the child's routine and academic commitments.
The mother contended that the child shares a close bond with her and that it was essential for the child to spend time with her at least once a month. She maintained that the court's original order was just and necessary to uphold her parental rights and the child's emotional needs.
After hearing both sides, the High Court carefully weighed the paramount consideration in custody matters: the welfare of the child. The Court observed that the existing visitation schedule imposed a physically and emotionally taxing burden on the minor. Travelling late on Fridays after school and returning on Sundays left the child exhausted and compromised his ability to perform well in school.
Balancing the interests of both parents and prioritizing the child's welfare, the High Court modified the visitation order. The new schedule directs the father to hand over custody of Atharva to the mother on every second Saturday of alternate months, instead of monthly. The child would be returned to the father on the following Sunday morning. Additionally, if the mother's custody coincides with the school vacation period, the monthly visitation for that month is waived.
This ruling underscores the Court's commitment to protecting children from becoming pawns in parental disputes and ensuring that visitation rights do not undermine the child's health, education, and overall well-being.
The writ petition is accordingly disposed of with the modified visitation schedule taking immediate effect.
Bottom Line:
Custody and visitation rights - Welfare of the child is of paramount importance in custody disputes - Frequent long-distance travel by a minor child can adversely affect the child's health and well-being.
Statutory provision(s): Family Law.
Sri Ajay Hegde K v. Smt. Chitra Umamaheshwar Bhat, (Karnataka) : Law Finder Doc Id # 2976743
