- 1 - HC-KAR NC: 2025:KHC:20589 WP No. 3346 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 3346 OF 2024 (GM-FC) BETWEEN: 1. DR. IMRAN KHAN, S/O DR.AHMED KHAN, AGED ABOUT 41 YEARS, RESIDING AT NO.08/31, S R K GARDEN, JAYANAGAR EAST, BENGALURU - 560 041. ALSO AT DOOR NO.319, BUILDING NO.14, DISCOVERY GARDENS, JABEI ALI, DUBAI –UAE. REPRESENTED BY SPA HOLDER, DR. AHMED KHAN, S/O LATE R.ISMAIL KHAN, AGED ABOUT 73 YEARS, RESIDING AT NO.08/31, S R K GARDEN, JAYANAGAR EAST, BENGALURU – 560 041. 2. DR. AHMED KHAN, S/O LATE R. ISMAIL KHAN, AGED ABOUT 73 YEARS, RESIDING AT NO.08/31, S R K GARDEN, JAYANAGAR EAST, BENGALURU – 560 041. 3. SAIRA BANU, W/O DR.AHMED KHAN, AGED ABOUT 65 YEARS, RESIDING AT NO.08/31, S R K GARDEN, JAYANAGAR EAST, BENGALURU – 560 041. …PETITIONERS (BY SRI. N.KUMAR., ADVOCATE) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20589 WP No. 3346 of 2024 AND: AYESHA M.E., D/O D R MOHAMMED ELIAS SAHIB, W/O DR IMRAN KHAN, AGED ABOUT 32 YEARS, R/AT NO.26, 2ND STAGE, HUDCO, MYSURU - 570 015. …RESPONDENT (SERVICE OF NOTICE ON RESPONDENT – AYESHA ME IS HELD SUFFICIENT VIDE ORDER DATED 09.06.2025) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE DATED 06/12/2023 IN G AND WC NO. 4/2021 PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT AT MYSURU ON IA NO.14 VIDE ANNEXURE - K. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the orders passed on I.A. No.14 in G & W.C. No.4/2021 dated 06.12.2023 by the Court of Principal Judge, Family Court, Mysuru, the father is before this Court. The father along with the grandparents has filed the G & W.C. No.4/2021. In that, an application was filed by the father and the grandparents i.e., I.A. No.3 and that came to be allowed by order dated 25.08.2022. In that order, the Court apart from - 3 - HC-KAR NC: 2025:KHC:20589 WP No. 3346 of 2024 mentioning about how the visitation has to go with the grandparents, as also mentioned when the father returns to India, he wishes to have the custody of the child for 2 days, with prior intimation and the wife shall co-operate in that regard. Thereafter, a contempt is filed and an order was passed, whereby the Court had directed the police to give protection for implementation of the order. Again, the father has come up with I.A.No.14 saying that to hand over the custody of the ward for 7 days to the father. It is the case of the father that the wife is not complying with the orders passed by the Court and he is not able to exercise the visitation and the Court without considering all these aspects, had dismissed the petition saying that the parties have to comply with the order of the Court in Civil Contempt Petition No.1158/2022 dated 13.09.2023 and the same needs to be set aside and there should be a direction to the police to comply with the order. Learned counsel appearing for the father submits that the contempt orders are in respect to the grandfather, but not to the father. 2. This Court vide order dated 09.06.2025 held that notice to respondent was held sufficient. - 4 - HC-KAR NC: 2025:KHC:20589 WP No. 3346 of 2024 3. Having heard the learned counsel appearing for the petitioner, perused the material on record. This Court has perused the order. There is already an order by the Court granting visitation to grandparents and the parent. When there was no compliance, the grandparents have approached the Court and this Court has granted protection. Thereafter, the petitioner has went before the Court and sought for 7 days custody. The Court had directed the petitioner to act as per the order passed in the Contempt Petition. It is the contention that said contempt is in respect of the grandparents but not the father. Admittedly, in G & W.C. No.4/2021, an earlier order is still subsisting, wherein the father was granted visitation for 2 days and if the same is not complied with, the father has a remedy to execute the order by filing a contempt or whatever is the remedy that is available to him and for that, another application before the Court is not maintainable. Hence, it is left open to the petitioner/father to execute the order of the family Court dated 25.08.2022. Accordingly, this Court is passing the following: - 5 - HC-KAR NC: 2025:KHC:20589 WP No. 3346 of 2024 ORDER (i) The Writ Petition is disposed of. (ii) It is left open to the petitioner/father to execute the order of the Family Court dated 25.08.2022. (iii) All IAs., in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA List No.: 1 Sl No.: 27 Ct: sn