IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19th DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.21674 OF 2019 (GM-FC) BETWEEN:
SRI. SABYASACHISENGUPTA S/O LATE GAURI SHANKAR SENGUPTA, AGED ABOUT 39 YEARS, R/AT NO.117, 1ST MAIN, ANUGRAHA LAYOUT, BILEKAHALLI BANGALORE-560 076.
(By MR. ANANTH KUMAR C, ADV.) AND:
SMT. DEBASREESIRCAR W/O SRI.SABYASACHISENGUPTA, AGED ABOUT 37 YEARS, R/AT NO.702, AXIS ESTRELLA TERRACES, BANNERUGHATTA ROAD, SYNDICATE BANK COLONY, OMKAR NAGAR, HULIMAVU BANGALORE-560 076.
(By MR. MASKOOR HASHMI M D, ADV.) - - -
… PETITIONER … RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER AT ANNEXURE-A DTD: 27.4.2019 PASSED IN G AND WC NO.341/2015 ON I.A.NO.9 ON THE FILE OF II ADDITIONAL FAMILY JUDGE, BANGALORE; AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Ananth Kumar C., learned counsel for the petitioner.
Mr.Maskoor Hashmi M.D., learned counsel for the respondent.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner has assailed the validity of the order dated 27.04.2019 by which, on an application being filed by the respondent, the interim order granted on an earlier occasion has been modified and the right of the petitioner to visit the child has been restricted to once in last Sunday of a month.
4. After arguing the matter to some extent, learned counsel for the respondent submitted that he has no objection if the petitioner who is the father of the child, is granted the right to visit the child between 10 a.m. to 2 p.m. on every alternate Sunday in the month.
5. In view of the aforesaid submissions, as agreed to by the learned counsel for the parties, the interim order dated 17.04.2019 passed by the Family Court is modified and it is directed that the petitioner shall be permitted to exercise his visitation right to meet his daughter at the place which is convenient to both the parties between 10 a.m. to 2 p.m. on every alternate Sunday of the month. The respondent may accompany the child. However, the respondent shall ensure that the petitioner gets some quality time to spend with his daughter.
Accordingly, the petition is disposed of.
Sd/- JUDGE RV