IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.2487 OF 2019 (GM-FC) BETWEEN:
DR. EKTA SINGH AGED ABOUT 34 YEARS, W/O. RAJEEV GIRI, COLUMBIA ASIA HOSPITAL, THE ICON, 2ND AND 3RD FLOOR, NO.8, 80 FEET ROAD, HAL 3RD STAGE, INDIRANAGAR, BANGALORE-560 075.
... PETITIONER (BY SRI. PADMANABHA V. MAHALE, SR. COUNSEL A/W SRI. SUNIL KUMAR H., ADV.) AND MR. RAJEEV GIRI S/O. JAYDEV GIRI, AGED ABOUT 42 YEARS, RESIDING AT FLAT NO. D 006, CASA ANSAL APARTMENT, B.G. ROAD, NEAR GOPALAN MALL, J. P. NAGAR, 3RD PHASE, BANGALORE-560 078.
... RESPONDENT (BY SMT. LAKSHMY IYENGAR, SR. COUNSEL A/W SRI. N. GOWTHAM RAGHUNATH, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD 15.12.2018 PASSED BY THE IV ADDL. JUDGE, FAMILY COURT, BANGALORE IN I.A.NO.10/2018 IN CASE NO. G&WC 128/2018 PENDING BEFORE IV ADDL. PRINCIPAL JUDGE, AT BANGALORE VIDE ANNX-A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. Padmanabha V. Mahale, learned Senior Counsel along with Sri. Sunil Kumar H., learned counsel for petitioner.
Smt. Lakshmy Iyengar, learned Senior Counsel along with Sri. N. Gowtham Raghunath, learned counsel for respondent.
2. In this petition, the petitioner inter alia has assailed the validity of the order dated 15.12.2018 passed by the Family Court, Bangalore by which respondent has been granted visitation rights in respect of the minor daughter Kum. Mayra Giri.
3. When the matter was taken up today, learned Senior Counsel for petitioner submitted that the minor daughter of the parties is presently prosecuting her studies in Panchkula in Chandigarh and the petitioner shall produce the child in the first week of April 2019 in the manner directed by the Family Court and is also ready and willing to compensate the respondent with regard to the visitation rights which could not be availed of by the respondent as the child was prosecuting her studies in Panchkula in Chandigarh, during the months April and May 2019.
4. Learned Senior Counsel for respondent has not opposed to the aforesaid submission. However, it is submitted that instead of handing over the child to the respondent at Bangalore Mediation Center at 11.30 a.m., the child be handed over to the respondent at some other place so that respondent can effectively exercise his visitation rights.
5. In view of the aforesaid submission, learned Senior counsel for the petitioner submits that the petitioner shall handover the child to the respondent at a mutually agreed place in the manner indicated in the order passed by the Family Court.
6. In view of the aforesaid submissions and in the facts of the case, the order dated 15.12.2018 passed by the Family Court is modified and it is directed that the petitioner shall handover the custody of the minor daughter to the respondent at 11.30 a.m. on 06.04.2019 and thereafter on every Saturday in the months of April and May 2019 at a mutually agreed place. At 3.30 p.m. the custody of the child shall be handed over to the petitioner by the respondent.
7. To the aforesaid extent, the order passed by the Family Court is modified. Since the proceedings before the Family Court is at the stage of recording of evidence, I deem it proper to direct the Family Court to dispose of the matter as expeditiously as possible, preferably within a period of four months from the date of this order.
Accordingly writ petition is disposed of.
Sd/- JUDGE RD