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2025 DAILYLAW 23486 (KAR)

MR. ANINDYA GUPTA v. MRS. TANIYA DAS

WP/10850/2025 · 2025-04-15

Pradeep Singh Yerur

body2025

Judgment text

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- 1 - NC: 2025:KHC:15503 WP No. 10850 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 10850 OF 2025 (GM-FC) BETWEEN: MR. ANINDYA GUPTA, AGED ABOUT 41 YEARS, S/O. APURBA GUPTA, R/A NO.402, CELESTIA TOWER LODHA AURUM GRANDE, KANJURMARG EAST BOMBAY – 400 042, MOB.: 9769418844. E-MAIL: ANINDYA.A.GUPPTA@GMAIL.COM. …PETITIONER (BY SRI. MANJUNATH H., ADVOCATE) AND: MRS. TANIYA DAS, AGED ABOUT 39 YEARS, D/O. ANUP KUMAR DAS, R/A NO.105, MAPLE APARTMENT, 80 FEET ROAD, 4TH B CROSS, INDIRANAGAR, BANGALORE – 560 038. MOB.: 9920640610 E-MAIL: TANYADAS27@GMAIL.COM. …RESPONDENT THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR RECORDS IN G AND WC NO.35/2022 PENDING BEFORE THE HON'BLE III Digitally signed by JYOTHI MANJUNATH Location: High Court of Karnataka - 2 - NC: 2025:KHC:15503 WP No. 10850 of 2025 ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BANGALORE; B) TO DISPOSE OFF THE I A NO.12 IN G AND WC NO.35/2022 PENDING ON THE FILE OF THE HONBLE III ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BANGALORE WITHIN AN OUTER LIMIT OF ONE WEEK BUT NOT LATER THAN 18/04/2025 IN ACCORDANCE WITH THE MANDAMUS OF THIS HON'BLE COURT IN JYOTI PRIYAS CASE LE. ANNEXURES-D AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL ORDER This petition is filed by the petitioner-husband against wife for permanent guardianship of the minor child namely, Anvi and Tanvi. It is pending adjudication in G & WC No.35/2022 before the III Additional Principal Family Court Judge at Bengaluru. 2. This Court is not inclined to issue notice to the respondent as no adverse order is passed against the respondent. The prayer sought in this petition is for a - 3 - NC: 2025:KHC:15503 WP No. 10850 of 2025 direction to the learned Judge of the Family Court to dispose of the application filed in I.A.No.12 in G & W.C.No.35/2022 which is filed on 18.03.2025 seeking interim custody of the children during summer vacation. 3. In the matrimonial proceedings, more particularly in the case of custody and visitation rights it is the duty of the Family Court to dispose of the interim applications expeditiously not later than 30 days and in the present case on hand, as the application is filed for interim custody during the Summer Vacation which has already commenced, all the more it becomes the duty of the learned Judge of the Family Court to dispose of the petition expeditiously to facilitate the non-custodial parent to have custody and visitation rights, if entitled during the ensuing summer vacation or other vacations of the children. Having not been done, the petitioner is before this Court. - 4 - NC: 2025:KHC:15503 WP No. 10850 of 2025 4. Without adverting to the merits of the matter on the application filed by the petitioner in the Family Court, it is a fit case to be allowed and a direction to be issued to the learned Judge of the Family Court to dispose of the matter expeditiously. Under the circumstances, I pass the following:- ORDER (i) The petition is allowed. (ii) Writ of mandamus is ordered. Direction is issued to the III Additional Principal Family Court Judge at Bengaluru to dispose of I.A.No.12 on or before 26.04.2025. Sd/- (PRADEEP SINGH YERUR) JUDGE PSJ List No.: 1 Sl No.: 40