Case Note & Summary
The present writ petition was filed by Anjali Menon, the petitioner-mother, seeking to quash the order dated 27.09.2025 passed by the VI Additional Principal Judge, Family Court, Bengaluru in M.C. No. 2004/2023. The impugned order was passed on I.A. No. 6 filed by the respondent-father, Roshan Elias John, under Order XLVII Rule 1 and Section 151 of the Code of Civil Procedure, 1908 read with Section 38 of the Special Marriage Act, 1954. The Family Court had allowed the review petition and modified its earlier order to grant unsupervised visitation rights to the respondent in respect of the minor child, Amara. The petitioner-mother contended that the review was not maintainable and that unsupervised visitation would be detrimental to the welfare of the minor child. The High Court, after hearing both sides, held that the welfare of the minor child is of paramount importance and that the Family Court's order granting unsupervised visitation was not justified. The court allowed the petition, quashed the impugned order, and directed that visitation shall be supervised with the mother present. The court also observed that the review petition was not maintainable as there was no error apparent on the face of the record.
Headnote
A) Family Law - Child Custody - Visitation Rights - Welfare of Minor Child - Special Marriage Act, 1954, Section 38 - The petitioner-mother challenged the Family Court's order granting unsupervised visitation rights to the respondent-father. The High Court held that the welfare of the minor child is of paramount importance and that unsupervised visitation may not be in the child's best interest pending final adjudication. The court allowed the petition, quashing the impugned order and directing supervised visitation with the mother present. (Paras 1-10)
B) Civil Procedure - Review - Maintainability - Order XLVII Rule 1, Code of Civil Procedure, 1908 - The Family Court had allowed the respondent's review petition and modified its earlier order to grant unsupervised visitation. The High Court found that the review was not maintainable as there was no error apparent on the face of the record. The court set aside the review order. (Paras 1-10)
Issue of Consideration
Whether the Family Court's order granting unsupervised visitation rights to the respondent-father in respect of the minor child should be quashed, and whether the petitioner-mother should be permitted to be present during visitation.
Final Decision
The High Court allowed the writ petition, quashed the impugned order dated 27.09.2025 passed by the Family Court in M.C. No. 2004/2023 on I.A. No. 6, and directed that visitation of the minor child by the respondent shall be supervised with the petitioner-mother present.
Law Points
- Welfare of minor child is paramount
- Review petition maintainability
- Supervised vs unsupervised visitation
- Order XLVII Rule 1 CPC
- Section 38 Special Marriage Act 1954
Case Details
2026 LawText (KAR) (04) 42
WP No. 35564 of 2025 (GM-FC)
Dr. Justice K. Manmadha Rao
Sri. Arun Govindaraj (for petitioner), Sri. Prateek Rath (for respondent)
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging an order of the Family Court granting unsupervised visitation rights to the respondent-father.
Remedy Sought
Quashing of the order dated 27.09.2025 passed by the Family Court in M.C. No. 2004/2023 on I.A. No. 6, insofar as it grants unsupervised visitation rights to the respondent, and permission for the petitioner to be present during visitation.
Filing Reason
The petitioner-mother challenged the Family Court's order allowing the respondent-father's review petition and granting unsupervised visitation rights to the minor child.
Previous Decisions
The Family Court had earlier passed an order regarding visitation, which was modified by the impugned order dated 27.09.2025 on a review petition filed by the respondent.
Issues
Whether the Family Court's order granting unsupervised visitation rights to the respondent-father is sustainable?
Whether the review petition under Order XLVII Rule 1 CPC was maintainable?
Whether the welfare of the minor child requires supervised visitation?
Submissions/Arguments
The petitioner argued that the review petition was not maintainable as there was no error apparent on the face of the record.
The petitioner contended that unsupervised visitation would be detrimental to the welfare of the minor child.
The respondent argued that the Family Court's order was just and proper and that unsupervised visitation was in the child's interest.
Ratio Decidendi
The welfare of the minor child is of paramount importance in matters of custody and visitation. Unsupervised visitation may not be in the best interest of the child pending final adjudication. A review petition under Order XLVII Rule 1 CPC is not maintainable unless there is an error apparent on the face of the record.
Judgment Excerpts
The present petition is filed seeking to quash the order dated 27.09.2025 passed by the learned VI Additional Principal Judge, Family Court, Bengaluru in M.C.No.2004/2023 on I.A.No.6 filed under Order XLVII Rule 1 and Section 151 of the Code of Civil Procedure, 1908 read with Section 38 of the Special Marriage Act, 1954, insofar as it grants unsupervised visitation rights to the respondent in respect of the minor child.
The court held that the welfare of the minor child is of paramount importance and that unsupervised visitation may not be in the child's best interest.
Procedural History
The petitioner filed M.C. No. 2004/2023 before the Family Court. The respondent filed I.A. No. 6 under Order XLVII Rule 1 CPC seeking review of an earlier order. The Family Court allowed the review and granted unsupervised visitation rights. The petitioner challenged this order by filing the present writ petition under Articles 226 and 227 of the Constitution of India. The High Court heard the matter, reserved orders on 25.03.2026, and pronounced the judgment on 24.04.2026.
Acts & Sections
- Code of Civil Procedure, 1908: Order XLVII Rule 1, Section 151
- Special Marriage Act, 1954: Section 38
- Constitution of India: Articles 226, 227
