IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.17297 OF 2017 (GM-FC) BETWEEN:
G. MUKTHA W/O PRASANNA KUMAR AGED ABOUT 40 YEARS DO. NO. 47 8TH CROSS 7TH MAIN U.A.S LAYOUT SANJAYNAGAR BENAGALURU – 560094. … PETITIONER (By MR. VEERABHADRASWAMY H.P ADV., FOR MR. JAGADEESH C.M ADV.,) AND:
PRASANNAKUMAR S/O NAGARAJAPPA AGED ABOUT 42 YEARS RESIDING AT DO. NO.87 5HT CROSS VINAYAKA LAYOUT BENGALURU – 560037. … RESPONDENT (By Mr. KRISHNA MURTHY K.R ADV.,) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER PASSED BY THE HON’BLE 4TH ADDL PRL JUDGE FAMILY COURT BENGALURU IN G&W NO.281/2015 DTD: 12.4.207 ON THE APPLICATION I.A.NO.IV FILED BY THE PETITIONERS UNDER SECTION 151 OF CPC AND DIRECT THE RESPONDENT SEND THE CHIILD PRATHEEK TO LIVE WITH THE PETITIONER DURING SUMMER VACATION BY ALLOWING THIS W.P AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Veerabhadraswamy H.P. for Mr.Jagadeesh C.M., learned counsel for the petitioner.
Mr.Krishna Murthy K.R., learned counsel for the respondent.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 12.04.2017 by which the petitioner has been granted visitation rights to visit the child on every Saturday during vacation time between 10.00 a.m. to 2.30 p.m. at any mall or the place which is convenient and on wish of the child during summer vacation.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the respondent has no objection if the child wants to visit her mother. However, he has invited the attention of this Court to the observations made in para 11 of the order and has submitted that the child himself has expressed the desire before the court that he does not want to reside with his mother. At this stage, learned counsel for the petitioner submitted that since, the proceedings before the Family Court the evidence is recorded the writ petition be disposed of with a direction to the Family Court to conclude the proceedings in a time bound manner and shall be permitted to take the custody of the child on two Saturdays in a month.
5. In view of the aforesaid submission and in the facts of the case, it is directed that in case the child viz., Prathik is willing to accompany his mother, the petitioner shall be at liberty to take the custody of the child twice of Saturday in a month between 10.00 a.m.
to 6.00 p.m. To the aforesaid extent, the order passed by the Family Court dated 12.04.2017 is modified taking into account the fact that in the proceeding before the Family Court, the evidence is being recorded. The petition is disposed of with a direction to the Family Court to conclude the proceeding before it within four months from the date of receipt of certified copy of the order passed today.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS