Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:17704 WP No. 11119 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 11119 OF 2025 (GM-FC) BETWEEN:
VEDIKA GOENKA WIFE OF ANAND GOENKA, AGED ABOUT 38 YEARS, RESIDING AT NO.642, EMBASSY PRISTINE APARTMENT, IBLUR VILLAGE, BELLANDUR, BENGALURU-560 102. …PETITIONER (BY SRI. ARUN GOVINDRAJ, ADVOCATE) AND:
ANAND GOENKA SON OF VISHNU HARI GOENKA, AGED ABOUT 42 YEARS, RESIDING AT SHANTI KUTIR 25/1, 7TH CROSS, 19TH MAIN, J.P. NAGAR 2ND PHASE, BENGALURU-560 078.
ALSO AT SHRAVANTI RESIDENCY, APARTMENT NO. 206, 2ND FLOOR, NO. 605/1, 2 & 16 KHATA NO. 865/3, 4TH A CROSS, OPPOSITE USHA ARMOUR PVT. LTD., N.S. PALYA, BENGALURU-560 078. …RESPONDENT (BY SMT. SHIPRA DAS, ADVOCATE FOR C/R IN CP NO.4931/2025)
Digitally signed by SUVARNA T Location:
HIGH COURT OF KARNATAKA
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NC: 2025:KHC:17704 WP No. 11119 of 2025
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INIDA PRAYING TO QUASHING THE ORDER DATED 01.03.2025 PASSED BY THE HON'BLE VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU IN G AND WC NO.
18/2023 ON INTERIM APPLICATION NO. III ANNEXURE A.DIRECTING THE RESPONDENT TO COMPLY WITH THE UNDERTAKING GIVEN BY HIM ON 03.01.2024 IN G AND WC NO. 18/2023 ON THE FILE OF THE HON'BLE VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, TO PAY THE EXPENSES OF THE MINOR CHILDREN AND TO REIMBURSE THE SCHOOL FEES ALREADY PAID BY THE PETITIONER (ANNEXURE -D).
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
The mother is before this Court questioning the order passed by the VI Additional Principal Judge, Family Court, Bengaluru dated 01.03.2025 in G&WC.No.18/2023.
2. When this matter came up before this Court, the Court had passed the following:
ORDER Aggrieved by the order dated 01.03.2024, the wife is before this Court stating that the father without paying the maintenance and taking care of the children, he wants the visitation and the Court, without considering the same, had granted the visitation.
When the matter came up before the Court, this Court had
directed both the counsels to have instructions from the clients, wherein the father will have the visitation of the children and the father will
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pay the amount for maintenance/educational expenses of the children.
On instructions, learned counsel for the father submits that subject to further orders to be passed by the Trial Court on the pending application. The father is ready to pay an amount of Rs.2,50,000/- and he will pay Rs.1,75,000/- by 28.04.2025 and balance amount within 10 days from 28.04.2025.
The Trial Court had granted the visitation on every second and fourth Saturday from 10.00 a.m. to 6.00 p.m. Considering the submission made on behalf of the father that the father has no access to the children, this Court deems it appropriate to pass the following:
ORDER 1) On 23.04.2025, 24.04.2025 and 25.04.2025 between 6.00 p.m. and 9.00 p.m., on 26.04.2025 and 27.04.2025 between 4.00 p.m. and 7.00 p.m. and on 28.04.2025 between 6.00 p.m. and 9.00 p.m., the father can exercise the visitation. The father can pick up the children from the mother's place and drop them back. 2) An amount of Rs.1,75,000/- shall be paid by the father by 28.04.2025. 3) Basing on what transpires in the visitation and subject to the payment as agreed before this Court, further orders will be passed for the summer vacation.
Sri Arun Govindraj, learned counsel for the petitioner submits that the respondent can inform
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NC: 2025:KHC:17704 WP No. 11119 of 2025
the time to his colleague and accordingly, arrangements can be made.
List this matter on 29.04.2025.
3.
Learned counsel for the respondent submits that the father has paid an amount of Rs.1,75,000/- and he will be paying another amount of Rs.1,00,000/- within a period of two weeks from today.
4. It is submitted by the learned counsel appearing for mother that the daughter is studying in 9th standard and her exams are scheduled from 26.05.2025 to 06.06.2025 and as she is preparing for her exams, day to day visitation is difficult. Further mother is comfortable if father takes both the children together.
5. The application filed for maintenance by the Mother is pending for consideration. It is submitted that application is filed by the Mother seeking interim maintenance in M.C.No.990/2023. In the considered opinion of this Court, interim arrangement for the visitation of the father and also fixing an amount of Rs.2,75,000/- as an interim arrangement towards educational expenses of the children and directing the Court to dispose of the I.A. pending for interim maintenance
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would be in the interest of both the parties. Hence, this Court is passing the following:
ORDER i. During the vacation, the father can pick up the daughter and son on Saturdays and Sundays. Whenever the exams are on Monday for the daughter, the father shall not exercise the visitation on Saturdays and Sundays. ii. The Father can pick up the children from the Mother's place and drop them back. iii. After the vacation, the arrangements made by the Family Court will come into effect and visitation shall go on as per the said arrangement. iv. The Family Court shall dispose of the I.A filed in M.C.No.990/2023 seeking maintenance within a period of one month from 02.06.2025. v. After the application of interim maintenance is considered in M.C.No.990/2023, the Father or the
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NC: 2025:KHC:17704 WP No. 11119 of 2025
Mother is at liberty to seek modification of the order or visitation passed by the Family Court, Bengaluru.
Accordingly, the Writ Petition is disposed off.
SD/- (LALITHA KANNEGANTI) JUDGE
AG List No.: 1 Sl No.: 27