VENKATESH CHANDRASEKHAR AYYAR v. AMUKTAMALYADA MULAKALURI
WP/8111/2024 · 2025-02-05
Lalitha Kanneganti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18990 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18990 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:5269 WP No. 8111 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 8111 OF 2024 (GM-FC) BETWEEN:
VENKATESH CHANDRASEKHAR AYYAR SON OF SHRI CHANDRASEKHAR AYYAR, AGED ABOUT 51 YEARS, RESIDING AT APARTMENT NO. 32192, PRESTIGE FALCON CITY, ANJANADRI LAYOUT, BEHIND FORUM MALL, KONANAKUNTE CROSS, BENGALURU - 560 062. …PETITIONER (BY SRI. ARUN GOVINDRAJ, ADVOCATE)
AND:
AMUKTAMALYADA MULAKALURI WIFE OF SHRI VENKATESH, CHANDRASEKHAR AYYAR, AGED ABOUT 45 YEARS, RESIDING AT APARTMENT NO. 24301, PRESTIGE FALCON CITY, ANJANADRI LAYOUT, BEHIND FORUM MALL, KONNANAKUNTE CROSS, BENGALURU - 560 062 …RESPONDENT (BY SRI. KIRAN SEBASTIAN ROZARIO, ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER 03/01/2024 PASSED BY THE LERNED VI ADDL. PRINCIPAL JUDGE, FAMILY COURT, BENGALURU IN G AND WC NO. 357/2022, IN SO FAR AS IT DOES NOT PROVIDE VISITATION RIGHTS/ INTERIM CUSTODY TO THE PETITIONER (ANNEXURE-Y).
THIS PETITION, COMING ON FOR ‘PART- HEARD’, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by MEGHA MOHAN Location:
HIGH COURT OF KARNATAKA
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NC: 2025:KHC:5269 WP No. 8111 of 2024
CORAM:
HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER I.A.No.1/2025 is filed stating that the girl was studying in respondent No.2/Shree Kumarans Children’s Home and when the parties have entered into compromise and when the passport was given to the father, he realized that the daughter was not studying in the said school from June 2024 where the mother had taken the TC from the school and after the settlement when the father approached the school authorities, they have stated that the TC is already been taken by the mother and they cannot give admission to the girl. 2. Learned counsel appearing for the petitioner/father submits that in view of the disputes between the parties, where the girl is studying from 2019 and because of the lapses on the part of the mother, now she is out of the school and there may be a direction to respondent No.2-school to give her admission which is in the interest of the minor, this Court had directed the petitioner to implead the school and directed to serve hand summons on the school. - 3 -
NC: 2025:KHC:5269 WP No. 8111 of 2024
3. Sri. Srinath B.G., Accountant and Admin of respondent No.2/School is present before this Court and submits that as the mother requested for the TC on 18.06.2024. They have issued the TC on 25.06.2024. It is submitted that when the next academic year starts in the month of June 2025, the children from Class II will be promoted to Class III and from Class III to Class IV. If at all any vacancies are available, the school will consider the case of the child Kavya. 4. Learned counsel appearing for respondent/mother submits that after taking the TC she admitted the girl to Vaishnavi Public School for III Standard. 5. Having heard the learned counsels on either side, perused the material on record. This Court generally will not pass directions to the school to give admission to a particular student. As it is a prerogative of the school to fix the criteria to give admissions and take decision in the best interest of the school as well as the student.
But in this case in view of the differences between the mother and the father, a girl was made to travel from one place to the other and she was not even attending the classes and in the month of June 2021, the TC
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NC: 2025:KHC:5269 WP No. 8111 of 2024
was taken from the school by the mother. Thereafter, the parents have entered into compromise and now, the custody is given to the father, whenever the mother is not in the country. Considering the fact that the girl is studying in the particular school from the year 2019, this Court is passing the following:
ORDER i. The school authorities shall consider the case of the student Kavya sympathetically subject to the availability of vacancy and the other rules of the school. ii. In the light of the orders passed in I.A.No.1/2025 and in view of the settlement entered into between the parties dated 13.12.2024, the writ petition stands disposed off. iii. All I.As., in the writ petition shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
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