IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.18300 OF 2018 (GM-FC) BETWEEN:
SRI. K.V. KRISHNA AGED ABOUT 41 YEARS, SON OF SRI. K.V. VARADARAJA IYENGAR, RESIDING AT NO. 880, 19TH MAIN, 4TH "T" BLOCK, JAYANAGAR, BENGALURU-560 041. … PETITIONER (BY SRI. V.B. SHIVAKUMAR, ADVOCATE) AND:
SMT. PRAGNA R. PRASAD AGED ABOUT 38 YEARS, WIFE OF K.V. KRISHNA, C/O. SRI. K.R. PRASAD, 203, 4TH MAIN, "MYTHRI SAPPHIRE APARTMENTS", OPP. BRIGADE MILLENIUM, BANK OF BARODA COLONY, PUTTENAHALLI, BENGALURU-560 076. ... RESPONDENT (BY SMT. RAMA R. IYER, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO PROVIDE THE INTERIM CUSTODY OF THE CHILDREN TILL THE FINAL DECISION IS UNDERTAKEN IN G & WC NO.9/2016, ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. V.B. Shivakumar, learned Counsel for the petitioner.
Mrs. Rama R. Iyer, learned Counsel for the respondent.
The petition is admitted for hearing. With the consent of learned Counsel for the parties, the same is heard finally.
2. In this writ petition under Article 227 of the Constitution of India, petitioner, inter alia, seeks a direction to the respondent to provide interim custody of the children till final decision is taken in the proceedings in G & WC No.9/2016 which is pending before the Principal Judge, Family Court, Bengaluru.
3. Learned counsel for the parties jointly submit that the petitioner who is father of sons aged about 9 and 11 years, has been granted visitation rights on first and third Saturday of every month and he meets his children at Mediation Centre, Bengaluru, for a duration of one hour every month.
4. Learned counsel for the petitioner submitted that instead of Mediation Centre, Bengaluru, place of meeting be altered to a Mall, where atmosphere will be more congenial for the petitioner to interact with the children. It is also submitted that duration of the meeting be enhanced by one hour.
5. The aforesaid submission has not been opposed by learned counsel for the respondent.
6. In view of the submission made and as agreed to by them, petition is disposed of with a direction to the parties that the petitioner shall have right to meet the children at the Mall which is situated nearest to the residence of the parties, for a duration of one and half hours on first and third Saturday every month. Respondent undertakes to inform the petitioner with regard to location of the Mall.
7. Needless to state that petitioner shall be at liberty to move an application seeking extension of time for meeting the children before the Family Court. Needless to state that in case such application is filed by the petitioner, the Family Court shall deal with the same in accordance with law.
With such observation, writ petition is disposed of.
Sd/- JUDGE AN/-