IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.20290 OF 2018 (GM-FC) BETWEEN:
Mr. VIVEK DEVESHWAR AGED ABOUT 46 YEARS AW2, FERN SAROJ, 7TH CROSS L B SHASTRI NAGAR BANGALORE-560017.
(By Mr.MANJUNATH H., ADV.) AND:
Mrs. ANUBHA DEVESHWAR AGED ABOUT 44 YEARS R/O BG-1, No.22 MILLENNIUM RESIDENCY K.G. COLONY, G.M. PALYA BANGALORE-560075.
PRESENTLY R/AT:
FLAT No.B-1, HOMETECH SOUNDARYA 9TH B MAIN, 7TH A CROSS LB SHASTRI NAGAR BANGALORE-560 017.
(By Mr.H.V.PRAVEEN GOWDA ADV. FOR C/R) - - -
… PETITIONER … RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN G & WC No.119/2009 PENDING BEFORE THE HON’BLE VITH ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BANGALORE. ORDER A WRIT OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 19-3-2018 ON I.A.No. XXXV IN G & WC No.119/2009 ON THE FILE OF THE VITH ADDITIONAL PRINCIPAL FAIMLY COURT AT BANGALORE IN COMITY WITH THE ORDER DATED 27-04-2018 ON I.A.No.XL IN THE EXPEDIENT INTEREST AND WELFARE OF THE MINOR MISS SHREYA DEVESHWAR I.E. ANN-J & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Manjunath H., learned counsel for the petitioner.
Mr.H.V.Praveen Gowda, learned counsel for the caveator/respondent.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition, the petitioner seeks a writ of certiorari for the quashment of the impugned order dated 19.03.2018.
4. This matter was listed on 30.01.2019. On the aforesaid date, after hearing the parties to some extent, this Court thought it apposite to interact with the child viz., Miss Shreya. Accordingly, in the presence of the counsel for the parties in the Chamber, this Court interacted with Miss.Shreya, who is approximately aged about 14 years. She stated that she does not want to meet he petitioner at his residence. She is a student of VIII Standard and her examination is going to commence in the month of April, 2019.
5. Learned counsel for the petitioner has filed I.A.1/2019 seeking interim custody of the child viz., Miss.Shreya. learned counsel for the petitioner submitted that during the pendency of this writ petition, the petitioner was granted the visitation rights by this court and he is ready and willing to meet his daughter in Bangalore Mediation Centre on every Saturday for a period of two hours. On the other hand, learned counsel for the respondent has no objection in substance to the aforesaid prayer. However, it is submitted that since the examination is scheduled to be held in the month of April, 2018, therefore, the visitation right of the petitioner be restricted to alternate Saturday’s.
6. I have considered the submissions made by both the sides.
7. The child Miss.Shreya has stated before me in the presence of the counsel that she does not want to meet the petitioner at his residence. Taking into account the view expressed by the child viz., Miss.Shreya as well as in view of the well settled legal position that the welfare of the child is of paramount consideration and the petitioner who is the father has a right to access to his daughter, I deem it appropriate to direct that the respondent shall ensure the presence of the child Miss.Shreya on every alternate Saturday in Bangalore Mediation Centre between the period from 11.00 a.m. to 1.00 p.m. till the pendency of the G & WC proceedings before the trial court. Accordingly, I.A.1/2019 is disposed of.
8. Learned counsel for the petitioner submits that he has filed an application under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of the proceedings from the VI Additional Principal Family Court to any other Court and the proceedings in the aforesaid case are fixed for 15.02.2019, whereas, the case before the Family Court is fixed for judgment on 19.02.2019.
9. On the other hand, learned counsel for the respondent fairly submitted that he shall take notice and shall appear in the proceedings filed by the petitioner under Section 24 of the Code on 05.02.2019 and shall file objections within a period of three days therefrom and the Principal Judge shall decide the matter within a period of one week from the date of appearance of the parties i.e., latest by 12.02.2019. At this stage, learned counsel for the respondent submitted that he would not insist on compliance of the order dated 19.03.2018, Annexure-H. In view of the aforesaid submissions, nothing survives for adjudication in the writ petition.
Accordingly, the petition stands disposed of.
Sd/- JUDGE SS