Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:7800 WP No. 3781 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO.3781 OF 2025 (GM-FC)
BETWEEN:
SUDHIR MADHAV PAI S/O.LATE MADHAVA PAI AGED ABOUT 47 YEARS R/AT BHARATH BAGH KADRI ROAD BHARATH BEDDI WORKS PVT LTD.
KODIALBAIL, MANGALORE DAKSHINA KANNADA-575 003 …PETITIONER (BY SRI MAHESH KIRAN SHETTY, ADVOCATE) AND:
SHREYA PAI @ CHANDRIKA PAI D/O.LAXMAN R.KAMAT AGED ABOUT 42 YEARS R/AT A204, RMZ LATITUDE BELLARY ROAD AMRUTHALLI, HEBBAL BENGALURU-560 092 …RESPONDENT (BY SRI ARPAN B.PATTANASHETTI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 30.01.2025 PASSED ON IA.NO.VII IN G & WC NO.99/2024 BY I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU VIDE ANNEXURE-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:7800 WP No. 3781 of 2025
CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR
ORAL ORDER
This petition is filed by the petitioner-father challenging the impugned order dated 30.01.2025 passed on IA.No.VII filed under Section 12 of the Guardians and Wards Act, 1890 (for short, 'the Act') in G & WC. No.99/2024 by I Additional Principal Judge, Family Court, Bengaluru. 2. The petitioner-father has preferred a petition before the Family Court, Bengaluru with regard to custody of the children. In the said proceedings, he filed an application under Section 12 of the Act seeking for the following reliefs:
"…………to direct the Respondent who is having the custody of the minor children to allow the children to travel to Mangalore to attend thread ceremony of cousin brother on 16/02/2025."
3. The said application, after contest by the respondent-mother, came to be rejected by the Family Court Judge. - 3 -
NC: 2025:KHC:7800 WP No. 3781 of 2025
4. Aggrieved by the same, the petitioner-father is before this Court. 5. During pendency of this petition, in view of there being urgency due to thread ceremony of the cousin brother at Mangaluru on 16.02.2025, the matter was moved and taken up on priority. This Court interacted with the minor children namely, Master Vikram Sudhir Pai and Ms.Tanya Pai, who were not averse to meet their father and they agreed to travel to Mangaluru to attend the thread ceremony accompanied by one of the members from the family of the mother or mother herself. This Court also interacted with the mother, who had agreed to travel to Mangaluru along with children for their safety. Accordingly, after consent by both parties and learned counsels including the minor children considering the urgency of the matter, this Court vide order dated 16.02.2025, passed an interim arrangement permitting the children to travel to Mangaluru to attend the thread ceremony of cousin brother on 16.02.2025 and ordered
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NC: 2025:KHC:7800 WP No. 3781 of 2025
the matter to be listed today i.e. on 20.02.2025 to report the compliance of the visitation of the minor children by the father at Mangaluru. 6. Today, the parties are present along with their respective counsels and they submit that the visitation rights was exercised without any hindrance or untoward incident. The petitioner-father is happy with the visitation rights and the respondent-mother also expresses that there was no untoward incident and everything went smoothly.
Therefore, in view of the minor children having attended thread ceremony of the cousin brother at Mangaluru on 16.02.2025 without any hindrance or untoward incident, there is nothing further that requires to be adjudicated in the present writ petition. 7. As stated earlier, what is questioned before this Court is rejection of request made by the petitioner-father to have the visitation rights of the minor children at Mangaluru to attend the thread ceremony of the cousin brother. In view of the interim order passed by this Court
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NC: 2025:KHC:7800 WP No. 3781 of 2025
on 14.02.2025, the said thread ceremony has already occurred, the application has spent itself, thereby no further order is required to be passed in this case, as the children have visited Mangaluru and the petitioner-father exercised the visitation rights. 8. In view of the above, the present petition is
disposed off, as minor children were permitted to travel to Mangaluru to participate in the thread ceremony of the cousin brother on 16.02.2025.
It is made clear that this Court has not expressed any opinion on the merits of the matter.
Ordered accordingly.
Sd/- (PRADEEP SINGH YERUR) JUDGE
LB List No.: 1 Sl No.: 25