Father Who Gave Up Child Visitation Rights Cant Reclaim Them Karnataka High Court

The Karnataka High Court recently set aside an order of a family court granting child visitation rights to a father and permitted the mother to have full custody of the minor.

In an order dated June 29, Justice P Sree Sudha said, “When he (father) avoids duty, he can’t get rights.”

The marriage between the couple was dissolved in 2024, based on the terms of settlement before the Karnataka Mediation Centre in Bengaluru. As part of the settlement, the father gave up his visitation rights and also agreed that the mother would be the permanent custodian and guardian of the minor child.

However, a year later, he moved the family court by filing an application seeking visitation rights under the Guardians and Wards Act. The court allowed the same and granted visitation rights to the respondent-father and also directed him to pay 50 per cent of the educational expenses.

Challenging the family court order, the mother had argued that the respondent-father has already remarried, the minor is receiving excellent care and quality of education in a safe and nurturing environment free from exposure to any cruel or adverse influences, and the father has never shown any interest in raising the child.

The high court bench said, “Both the parties settled the matter before Mediation and father of the child voluntarily and cautiously gave up his rights for visitation and is not permitted to again commence litigation after one year.”

Setting aside the order of the subordinate court, the bench held, “When he is not ready to take up the responsibility of the child financially and emotionally, he can’t interfere in the life of the child for visitation again. Therefore, this court finds that the order of the Family Court is not based on proper appreciation of facts…”