- 1 - NC: 2025:KHC:847 WP No. 12699 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 12699 OF 2023 (GM-FC) BETWEEN: SMT. KONDAYIL SANDHYA, W/O SRI SARATH K S, D/O K RAMAKRISNAN, AGED ABOUT 37 YEARS, R/O NO.401, PRATHIK ENCLAVE, 5TH CROSS, SHIVANANDA NAGAR, BENGALURU-560075. …PETITIONER (BY SRI. PRAVEEN S., ADVOCATE) AND: SRI. SARATH K.S., S/O MR SASIDHARAN K., AGED ABOUT 40 YEARS, R/A KALATHICHIRAYIL KESAVAM, MAHADEVI KAD(PO), KARHTIKAPPALLY, ALAPPUZHA, KERALA-690516. …RESPONDENT (BY SRI. SIJI MALAYIL, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER OF INTERIM CUSTODY DTD 02.06.2023 IN G AND WC NO.99/2021 PENDING ON THE FILE OF THE 6TH ADDL PRINCIPAL FAMILY JUDGE, BANGALORE ANNEXED AS ANNEXURE-E AND ETC. Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:847 WP No. 12699 of 2023 THIS PETITION, COMING ON FOR PART HEARD, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in I.A.No.2 in G & WC.No.99/2021 dated 02.06.2023 by the VI Addl. Principal Judge, Family court, Bengaluru, the mother is before this Court. The Family Court had granted the visitation rights to the father and directed that the boy shall be handed over to the father for the interim custody on every Sunday from morning 10.00 am to evening 5.00 pm. The Trial Court had also observed that the father can take the child from the house of the mother and drop him back safely at 5.00 pm. Both the parties are directed not to disturb peace of mind of the child. 2. The petitioner/mother had come up before this Court assailing the said order, from 28.02.2024 till 12.12.2024 several orders were passed by this Court and this Court had interacted with the parties at length in the chambers. Initially, the boy was reluctant to meet the father. On one of the hearings, it is submitted that there are arrears of maintenance from the father and this Court had directed the father to clear - 3 - NC: 2025:KHC:847 WP No. 12699 of 2023 the arrears. Learned counsel appearing for the father submits that the father is paying the maintenance amount and there are no arrears. As per the arrangement made by this Court, the father is exercising the visitation on every Sunday between 10.00 am to 2.00 pm in the presence of the mother. Learned counsels appearing for both the parties submit that the visitation is happening smoothly. Learned counsel appearing for the respondent/father submits that the interim custody ordered by the Trial Court between 10.00 am to 5.00 pm is a well considered order and making that order absolute, the writ petition may be closed. 3. Learned counsel appearing for the petitioner/ mother submits that the mother is a doctor and further submitted that the boy without the presence of the mother is not inclined to meet the father. He submits that if the arrangement made by this Court goes on till the disposal of the pending G & WC, it will be in the interest of both the parents. Learned counsel appearing for the respondent/father submits that without the presence of the mother, the father may be permitted to meet the child and the timings shall between 10.00 am to 5.00 pm. - 4 - NC: 2025:KHC:847 WP No. 12699 of 2023 4. This Court having interacted with the parents and the child, in the particular facts and circumstances feels that at this point, it is not in the interest of either of the parties to completely alter the arrangement made by this Court. The G & WC is of the year 2021. This Court is of the view that by extending the visitation time that is already granted by the Court, if the Trial Court is directed to proceed with the matter, it will be in the interest of both the parties. Learned counsels for both the parties on instructions submit that they will co- operate with the hearing and they will not come up with unnecessary applications. In that view of the matter, this Court is passing the following: ORDER i. The father can exercise the visitation between 10.00 am to 4.00 pm., on every Sunday in the presence of the mother. The father can suggest the convenient place and the mother shall take the child to that place. ii. The place shall be indicated by the father to the mother by Wednesday evening and the father shall comply with this condition without fail. - 5 - NC: 2025:KHC:847 WP No. 12699 of 2023 iii. The visitation shall happen smoothly. The father and the mother shall not exchange any kind of arguments or any discussions pertaining to the cases and a congenial atmosphere shall be created for the boy to spend good time with the father. iv. The father shall continue to pay maintenance of an amount of Rs.8,000/- per month. v. The Trial Court shall expeditiously dispose of the pending G & WC. vi. Any of the observations made by this Court while deciding this petition shall not be construed as an expression of this Court and the Trial Court shall decide the same on the merits of it. vii. Accordingly, the writ petition is disposed off. viii. All I.As., in the writ petition, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN/List No.: 1 Sl No.: 3