- 1 - NC: 2025:KHC:16546 WP No. 8649 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 8649 OF 2025 (GM-FC) BETWEEN: KARAN CHANDRASHEKAR AGED ABOUT 37 YEARS S/O A CHANDRASHEKAR R/O UNIT K5, NO.480, 13TH MAIN, 3RD BLOCK, KORAMANGALA, BENGALURU 560 034 …PETITIONER (BY SRI. AZHAR ALI FAROOQI, ADVOCATE) AND: SMT. DIVYA K.C., W/O. KARAN CHANDRASHEKAR, AGED ABOUT 37 YEARS, R/O. 161, 6TH CROSS, 1ST MAIN, S.T. BED LAYOUT, 1ST BLOCK, KORAMANGALA, BENGALURU 560 034 …RESPONDENT (BY SMT. PRATHIMA S.K., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO PASS NECESSARY JUDGEMENT/ORDER/DIRECTION IN THE FORM OF WRIT TO SET ASIDE THE ORDER DATED 20.12.2024 PASSED BY THE HONBLE 5TH ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BANGALORE, IN IA 14 IN G AND WC NO. 137/2023 (ANNEXURE-A). 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 Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16546 WP No. 8649 of 2025 ORAL ORDER The present writ petition is filed aggrieved by the orders passed on I.A.No.14 in G&WC No.137/2023 dated 20.12.2024 by the V Addl. Prl. Judge, Family Court, Bengaluru, the father is before this court. 2. Learned counsel appering for the petitioner submits that they had sought for visitation on all the vacations, but the family court had ordered visitation during vacation from 23.12.2024 to 28.12.2024 and also the visitation that is given during the winter vacation is not sufficient. 3. Learned counsel appearing for the respondent submits that infact when the petitioner had filed application just before the winter vacation, the family court had decided only for winter vacation. The objections to I.A.No.17 and hearing on I.A.No.14 and 15 and objections to the counter claim by 12.02.2024, it is observed in the very same impugned order. It is submitted that the family court is about to hear the application and without even waiting for the order by the court, the petitioner has come up before this court. - 3 - NC: 2025:KHC:16546 WP No. 8649 of 2025 3. Having heard the learned counsels on either sides, perused the material available on record. This impugned order is passed on 20.12.2024 and the said order is assailed before this court on 17.03.2025. This court has perused the application i.e., I.A.No.14 filed by the petitioner before the family court. The said application also doesn’t specify about which vacation. It only states about the visitation during the vacation and the family court had rightly considered the application and granted visitation during the winter vacation which was ensuing as on that time. 4. Learned counsel appearing for the mother submits that application with regard to the visitation in summer vacation is pending. Learned counsel for the petitioner insists that some arrangement may be made by this court regarding visitation during forthcoming summer vacation. This court is not inclined to pass any order when the trial court is yet to pass orders on the visitation during the summer vacation. Learned counsel for the father submits that no such application is pending and I.A.No14 is only the application. - 4 - NC: 2025:KHC:16546 WP No. 8649 of 2025 5.This court has perused the application and prayer sought in I.A.No.14 .They have only sought for vacation and as it was filed in the September, 2024 and the trial court had considered the winter vacation. It is the contention of the respondent that the court will consider I.A.No.14 with regard to summer vacation, 2025 and it is the contention of the petitioner that the application is not pending. If the application is not pending, it is for the applicant to seek an order from the court. Without seeking any order from the family court, he cannot come before this court under Article 227 of Constitution of India. Accordingly, this court is passing the following: ORDER i. If any application is pending/filed by the petitioner, the family court shall consider the same expeditiously. ii. Accordingly, the writ petition is disposed off. iii. All pending I.A., in the petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 3 Sl No.: 28