K.M. VINAYA Vs. B.R. SRINIVAS

JUDGEMENT

(1.) Leave granted. Heard learned Counsel for the parties.

(2.) For the sake of convenience, the parties are hereinafter referred to as they are arrayed in Civil Appeal No. 4461 of 2015.

(3.) We have perused the impugned judgment and other connected papers. The dispute is in relation to the custody of the minor child, namely, Vathan. Learned Principal Judge, Family Court, vide his judgment dated 1.02.2011 after adverting to the relevant facts, evidence on record and rival legal contentions, held that the Respondent-father is entitled to the custody of the child and further directed the Appellant-mother to handover the custody of the child within a period of one month. The correctness of the said judgment is challenged by the Appellant before the High Court of Karnataka on various grounds. The High Court vide its judgment dated 13.09.2013 in MFA No. 1729/2011, after adverting to the rival legal contentions examined the correctness of the finding recorded in the judgment of the Family Court Judge, modified the judgment of the Family Court Judge to the effect by allowing the appeal partly and modified the Order dated 1.02.2011 in G & WC 106/2004 passed by the III Additional Principal Judge Family Court, Bangalore, holding that the Respondent-father is entitled to the custody of the minor child from 1st January to 30th June and the Appellant-mother is entitled to custody of the minor child from 1st July to 31st December of every year, till the minor son attains the age of majority. The correctness of this modified order is challenged by the parties before this Court by filing these appeals.