IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF OCTOBER 2017 BEFORE THE HON’BLE MR. JUSTICE A. S. BOPANNA WRIT PETITION NO.21986/2017 (GM - FC) BETWEEN:
VISHMA M P D/O. LATE. M S PONNAPPA, AGED ABOUT 30 YEARS, # 42, SATHYAMURTHY ROAD, R.S. PALYA, M.S. NAGAR POST, BANGALORE 560033. .. PETITIONER (By Sri PRABHUGOUD B TUMBIGI, ADVOCATE) AND:
M U PONNANNA S/O. SRI. M UTHAIAH, AGED ABOUT 38 EYARS, THAVALAGERI VILLAGE, T. SHETTIGERI POST, SRIMANGALA NAD, VIRAJPET TALUK, SOUTH COORG - 571218. .. RESPONDENT (By Sri N RAVINDRANATH KAMATH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD:27.4.2017 PASSED ON IA NO.VIII PASSED IN G&WC NO.7/2016 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC VIRAJPET, PRODUCED VIDE ANNEXURE-A AND CONSEQUENTLY ALLOW THE IA NO.VIII FILED THEREIN PRODUCED VIDE ANNEXURE-D.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN `B’ GROUP’ THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner is before this Court assailing the order dated 27.4.2017 passed on I.A.No.8 in G & WC.No.07/2016 pending on the file of the Senior Civil Judge and JMFC as at Annexure-“A” to the petition.
2. The petitioner herein is the former wife of the respondent. Due to certain disputes in their marital life, they were residing separately and thereafter a petition under Section 13(B) of the Hindu Marriage Act was filed before the Court below. The marriage between the parties was accordingly dissolved. Though the position is such, since a child was also born during the subsistence of their marriage, the respondent herein has filed a petition under Sections 7 and 25 of the Guardian and Wards Act in G & WC.No.07/2016 seeking custody of the minor daughter.
In the said proceedings, the respondent herein also filed an application in I.A.No.8 seeking interim custody of the minor child Kum. Manya Muthamma during the summer vacation between the period 15.4.2017 to 13.5.2017. The Court below after considering the application has through the impugned order held that the respondent herein is entitled to interim custody of the minor child from 20.5.2017 to 29.5.2017. The petitioner herein claiming to be aggrieved by the said order is before this Court in this petition.
3. During pendency of this petition, attempts were also made by the parties, including before the Mediation Center to resolve the issue amicably. However, attempts having failed, the instant petition is listed before this Court for consideration.
4. In that background, I have heard the learned counsel for the parties. Though contentions have been urged in support as well as to assail the order passed by the Court below, from the very nature of the prayer made in I.A.No.8 and the relief granted while disposing of the application, it is clear that the prayer as made in the instant petition does not survive for consideration at this juncture as the period for which interim custody was sought and was granted by the Court below has elapsed. Therefore, the appropriate course while disposing the instant petition would be to direct the Court below to dispose of the main proceedings in G & WC.No.7/2016 within a time frame so that based on the evidence tendered by the parties the right could be determined while disposing of the main petition itself. In the meanwhile, if for any reason any interim visitation is to be considered on specific terms for any other period, that is also a matter which could be taken note of by the Court below as those are aspects which is beyond the scope of this petition as the petition has rendered itself infructuous. In view of the impugned order dated 27.4.2017 having lost its efficacy and the same not being available for implementation at this stage, there is no need to set aside the same. However, since the said order is not implementable at this stage, it is directed that the Court below shall take up the petition in G & WC No.7/2016 for disposal on its merits and dispose of the same as expeditiously as possible, but not later than six months’ from the date on which the copy of this Court is furnished to the Court below. Needless to mention, if any interim considerations are to be made by the Court below, discretion in that regard is left open to the Court below.
5. The petition is accordingly disposed of.
Sd/- JUDGE *alb/-.