BEFORE THE HON’BLE CHIEF JUDICIAL MAGISTRATE, AT BENGALURU
IA No. ____/2025
in
Crl. Misc. No. ______ /2025
BETWEEN:
DEVI
Aged 37 years
W/o Praveen
Residing at 41, 2nd Main Road,
JP Nagar, Bengaluru- 560078 …PETITIONER
AND
PRAVEEN
Aged 42 years
S/o Rakesh
Residing at 2/13, Lakshmi Nivas,
Richmond Town, Bengaluru- 560025 …RESPONDENT
APPLICATION FILED BY THE RESPONDENT FATHER UNDER SECTION 21
READ WITH SECTION 23 OF THE PROTECTION OF WOMEN FROM DOMESTIC
VIOENCE ACT 2005 FOR SEEKING VISITATION RIGHTS WITH HIS MINOR
CHILD
For reasons urged and sworn to in the accompanying affidavit, it is prayed that this
Hon’ble Court be pleased to pass an ad interim relief directing the Petitioner to
allow visitation rights to the Respondent father with his minor son, Sharath, aged 7
years, at regular intervals and not take any steps that would alienate the child from
the Respondent, in the interests of justice and equity.
Place: Bengaluru
Date: 28.3.2025 Advocate for the
Respondent
BEFORE THE HON’BLE CHIEF JUDICIAL MAGISTRATE, AT BENGALURU
IA No. ____/2025
in
Crl. Misc. No. ______ /2025
BETWEEN:
DEVI …PETITIONER
AND
PRAVEEN …RESPONDENT
AFFIDAVIT
I, Sri. Praveen, aged about 42 years, residing at 2/13, Lakshmi Nivas, Richmond
Town, Bengaluru- 560025, do hereby solemnly affirm and state on oath as under:
1. I state that I am the Respondent in the present case. I am fully aware of the
facts and circumstances of the case and am competent to swear to this
affidavit.
2. The parties are referred to by their ranks in the main petition for the sake of
convenience.
3. The contents of the main reply may be read as forming part and parcel of this
application and are not repeated herein for the sake of brevity.
4. I am the legally wedded husband of the Petitioner, Smt. Devi. Our marriage was
solemnized on 19.2.2013 according to Hindu rites and ceremonies in Bengaluru
and was also duly registered. From the marriage, we have a minor son, Sharath,
born on 17.1.2018. The child has been raised with love and affection from both
the parents and I have been deeply involved in his upbringing, education and
overall well-being.
5. I state that on 25.3.2025, following a verbal dispute between me and the
Petitioner, the Petitioner unilaterally left the household. She also took our son
with her and went to live with her parents. Since then, I have made several
attempts to meet the child or speak to him, however, the Petitioner has not
allowed any access to my son. This has caused me immense emotional distress.
6. I state that despite the marital discord between me and the Petitioner, I share a
strong emotional bond with my son and my presence in the child’s life is crucial
for his emotional and psychological well-being. I have always fulfilled the duties
and responsibilities as a father towards my son. I have always ensured that his
financial needs are met with including his education, healthcare and
extracurricular activities. I have also actively participated in his school life, have
attended parent-teacher meetings which the Petitioner has frequently avoided,
and have encouraged him to undertake other activities and sports.
7. I state that the Petitioner has deliberately kept my son away from me by
refusing any visit or access to him. Her actions have prevented me from
maintaining a meaningful relationship with my son. This is detrimental to his
growth and mental stability. The child is a minor and is at a crucial stage of
development. He requires the love, care and guidance of both the parents. Any
forced separation from his father would cause unnecessary trauma and distress
to the child.
8. In custody matters, the welfare and best interests of the child is the paramount
consideration for the courts. The presence of both parents in a child’s life is of
utmost importance for his good and stable upbringing. I state that being the
biological father of the child, I have a legal and inherent right to be part of my
son’s life and any denial of visitation by the Petitioner is against principles of
justice and equity.
9. I state that I have never neglected my duties as a father towards my son and
am willing to abide by any reasonable conditions that this court imposes to
ensure that the visitation rights are exercised in a manner that is in the best
interests of the child. I also undertake not to create any disturbance or
discomfort to the Petitioner during my visits to my son and shall cooperate with
the Petitioner.
10. Therefore, I humbly pray to this court that it is just, equitable and in the best
interests of the child, to allow me regular visitation rights with my son.
I, Praveen, the Respondent in the above case, do hereby verify and state that this is
my name and signature and that the statements made at Paragraphs 1 to 10
hereinabove are true and correct to the best of my knowledge, information and
belief.
Place: Bengaluru DEPONENT
Date: 28.3.2025
Identified by me
Advocate