IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MAY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.21207/2019 (GM – FC) BETWEEN:
Mr. SRIRAM RAMACHANDRAN S/O G.RAMACHANDRAN AGED ABOUT 41 YEARS R/AT B 508, ST. JOHNS WOOD APARTMENTS S.G. PALYA, TAVAREKERE MAIN ROAD BENGALURU-560029. …PETITIONER (BY Ms. GEETA R. SHINDHE, ADV. FOR SRI RAJENDRA DESAI, ADV.) AND:
Mrs. SANGEETHA SRIRAM W/O Mr. SRIRAM RAMACHANDRAN AGED ABOUT 37 YEARS R/AT 6A, KAMBA HEIGHTS KADRI KAMBLA ROAD, KADRI MANGALURU-575004 WORKING AT:
DEPARTMENT OF OPHTHALMOLOGY SRINIVAS INSTITUTE OF MEDICAL SCIENCE & RESEARCH CENTRE, MUKKA SURATHKAL, MANGALORE-574146. …RESPONDENT (PARTY-IN-PERSON – RESPONDENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ADJOURNMENT ORDER DATED 26.04.2019, PASSED BY THE HON’BLE I ADDITIONAL PRINCIPAL JUDGE FAMILY COURT, D.K., MANGALURU, IN G & W.C.NO.8/2018 VIDE ANNEXURE-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner and the respondent are the parents of the minor children Master. Kanav Sriram and Master Neev Sriram who are aged about 6½ years and 5 years respectively.
2. The petitioner has filed G & WC.No.8/2018 before the I Additional Principal Judge, Family Court at Mangalore seeking the custody of the minor children. In the said proceedings, I.A.No.9 has been filed by the petitioner seeking for the custody of the minor children during the summer vacation i.e., from 01.04.2019 to 30.05.2019.
3. The grievance of the petitioner is that no order has yet been passed by the learned I Additional Principal Judge, Family Court, D.K., Mangalore in G & W.C.No.8/2018. The order sheet placed on record establishes that the minor children were directed to be present before the Court on 03.04.2019. The matter was heard and it was posted for orders on 12.04.2019, again listed on 24.04.2019, 26-04.2019 and finally by 29.05.2019.
4. Learned counsel for the petitioner would submit that the inaction on the part of the Court below in not passing the orders well within time has denied the rights of the petitioner for the custody of the children during the summer vacation finally rendering the application infructuous.
5. Smt.Sangeetha Sriram – respondent - party- in-person is present before the Court and submits that in-camera proceedings were held by the Court below on 03.04.2019 and the orders were reserved; It appears that the children had refused to go with the petitioner/father during the summer vacations.
6. Be that as it may, now there is no record to substantiate the arguments of the respondent in as much as the refusal made by the children but the summer vacation would come to an end shortly.
7. However, considering the short period of current summer vacation now available, the petitioner is permitted to visit the children where they are residing at the residence of the respondent/play area of the respondent’s residence at Mangalore and to spend time with them on every day from 5 p.m., till 7 p.m., from 22.05.2019 to 31.05.2019 in the presence of the respondent/mother. It is made clear that the respondent/mother shall co-operate for the visitation rights of the petitioner/father with the children. Similarly, the petitioner shall not cause any nuisance during the visitation rights of the children.
With the aforesaid observations and directions, writ petition stands disposed of.
Sd/- JUDGE NC.