Case Note & Summary
The petitioner, Smt. Bhuvaneshwari R, is the mother of a minor child. She and the respondent-father, Sri Narendra D Devanga, had their marriage dissolved by a decree of divorce in M.C. No.1010 of 2023, based on a memorandum of settlement entered into before the Karnataka Mediation Centre, Bengaluru, on 24.09.2024. Clause 3 of the settlement specifically stated that the respondent-father gave up his visitation rights and agreed that the petitioner-mother would be the permanent custodian and guardian of the minor child. Despite this, the respondent-father filed G & WC No.178 of 2025 before the Principal Judge, Family Court, Bengaluru, seeking guardianship or visitation rights. The petitioner-mother filed a writ petition under Articles 226 and 227 of the Constitution of India to set aside the order dated 30.01.2026 passed by the Family Court issuing notice in the said proceedings and to quash the entire proceedings. The High Court noted that the respondent-father, despite service of notice, did not appear. The court examined the terms of the settlement and found that the father had voluntarily relinquished his visitation rights and agreed to the mother being the permanent custodian. The court held that the father had no locus standi to file the guardianship petition as it was contrary to the terms of the settlement. The Family Court's order was set aside and the proceedings in G & WC No.178 of 2025 were quashed. The court emphasized that the terms of a mediated settlement are binding and cannot be unilaterally breached.
Headnote
A) Family Law - Guardianship and Custody - Maintainability of Petition - Binding Nature of Settlement - Guardian and Wards Act, 1890, Sections 7, 10 - The father filed a guardianship petition despite having voluntarily relinquished his visitation rights and agreed to the mother being the permanent custodian in a mediated settlement. The High Court held that the father had no locus standi to file such a petition as it was contrary to the terms of the settlement. The Family Court's order issuing notice was set aside and the proceedings were quashed. (Paras 2-5) B) Family Law - Mediated Settlement - Binding Effect - Specific Performance - The terms of a settlement arrived at before a mediation centre are binding on the parties. The father's filing of a guardianship petition after agreeing to give up visitation rights and accepting the mother as permanent custodian was a breach of the settlement. The High Court held that the Family Court ought not to have entertained the petition. (Paras 3-5)
Issue of Consideration
Whether the Family Court could entertain a guardianship petition filed by the father when he had voluntarily relinquished his visitation rights and agreed to the mother being the permanent custodian in a mediated settlement.
Final Decision
The writ petition is allowed. The impugned order dated 30.01.2026 passed by the Principal Judge, Family Court, Bengaluru, in G & WC No.178 of 2025 is set aside. The entire proceedings in G & WC No.178 of 2025 are quashed.
Law Points
- Maintainability of petition for custody/visitation after relinquishment of rights in settlement
- Binding nature of mediated settlement
- Locus standi to file guardianship petition
