IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.40143 OF 2016 (GM-FC) BETWEEN:
SMT R SRIVIDYA W/O S SATHYANARAYANA AGED ABOUT 33 YEARS FLAT NO.002, D BLOCK VERACIOUS LANDSDALE APARTMENTS WHITE FIELD BANGALORE-560060.
(By Mr.KEMPANNA, ADV.,) AND:
S SATHYANARAYANA S/O V SRINIVASAN AGED ABOUT 38 YEARS NO.G-27 A BLOCK SOMADURA SANDVAL APARTMENT NEAR GUNDALAHALLI GATE THOBARAHALLI BENGALURU-560066.
(By Mr. K. PRASAD HEGDE, ADV.,) - - -
… PETITIONER … RESPONDENT This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the order Date 18.06.2016 vide Annex-D in I.A. Under Sec.26 of the Hindu Marriage Act in M.C.344/2015 on the file of The VI Prl. Family Judge, Bengaluru and etc.
This Petition coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:-
ORDER Mr.Kempanna, learned counsel for the petitioner.
Mr.K.Prasad Hegde, 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 18.06.2016 passed by the Family Court, by which application filed by the respondent under Section 26 of the Hindu Marriage Act, 1955 was partly allowed and respondent was directed to hand over the custody of the petitioner on every alternate Sunday’s between 11.00 a.m. to 5.00 p.m. close to the respondent’s house at public place to exercise his visitation rights.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner has no objection if the child meets the respondent at the Bangalore Mediation Center on every alternate Saturday’s of the month between 11.00 a.m. to 2.00 p.m. The aforesaid proposal is accepted by learned counsel for the respondent.
5. Accordingly, the order dated 18.06.2016 passed by the Family Court, Bangalore is modified and since the proceeding is pending before the Family Court with regard to the custody of the child since, 2015, it is stated at the bar that the evidence in the proceeding is being recorded, the Family Court is directed to decide the proceeding expeditiously preferably within a period of four months from the date of receipt of the certified copy of the order passed today.
Accordingly, the petition is disposed of with a direction to the petitioner to produce the child at the Bangalore Mediation Center on 23.02.2019 at 3.00 p.m.
and thereafter, on every alternative Saturday’s of the month between 11.00 a.m. to 2.00 p.m..
Sd/- JUDGE ss