- 1 - HC-KAR NC: 2025:KHC:22701 WP No. 14374 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 14374 OF 2025 (GM-FC) BETWEEN: 1. SHABAZ KHAN S/O FAIROZE KHAN, AGED ABOUT 38 YEARS, R/AT 2ND CROSS, ADARSHA NAGAR, HASSAN - 573 201 2. ZAREEN TAJ W/O FAIROZE KHAN, AGED ABOUT 63 YEARS, R/AT 2ND CROSS, ADARSHA NAGAR, HASSAN - 573 201 3. FAUZIA KHANUM W/O APPA ALI, AGED 40 YEARS, R/AT NO 779, 17TH B MAIN ROAD, 5TH BLOCK, RAJAJINAGAR BENGALURU - 560 010 4. NAZIA KHANUM W/O FEROZE KHAN AGED ABOUT 39 YEARS, R/AT NO.1109, TUDA LAYOUT, 4TH CROSS, RAJIV GANDHI NAGAR, TUMAKURU CITY – 572 102 …PETITIONERS (BY SRI. MANJUNATH B.R., ADVOCATE) AND: 1. NASEEMA BANU W/O MUNEER HUSSAIN AGED ABOUT 61 YEARS Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22701 WP No. 14374 of 2025 2. A.M.MUNEER HUSSAIN S/O LATE ZAHEER AHMED AGED ABOUT 66 YEARS COFFEE PLANTER BOTH ARE R/AT VATEHALLI VILLAGE, AREHALLI HOBLI, SAKALESHPURA TALUK,, HASSAN DISTRICT - 573 101 …RESPONDENTS (BY SRI. ABDUL ANSAR P., ADVOCATE) THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS AND ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT /ORDER / DIRECTION BY SETTING ASIDE THE ORDER DATED: 03.05.2025 PASSED ON MEMO FILED BY THE RESPONDENTS ON 17.04.2025 IN G AND WC NO. 13/2023 PASSED BY THE PRINCIPAL JUDGE FAMILY COURT AT HASSAN (ANNEXURE-A) AND ALLOW THE SAID APPLICATION IN ITS ENTIRETY. 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 ORAL ORDER The present writ petition is filed seeking the following relief: "PRAYER WHEREFORE the Petitioner above named most respectfully prays that this Hon'ble Court may be pleased to: i) Call for records and Issue a writ of certiorari or any other Writ/order/Direction, by setting aside the Order dated 03/05/2025 passed on memo filed by the respondents on 17/04/2025 in G&WC No.13/2023 passed by the Principal Judge Family Court at Hassan (Annexure - A) and allow the said application in its entirety ; ii) Direct the Principal Judge Family Court at Hassan to expedite the proceedings in G&WC No. 13/2023 and - 3 - HC-KAR NC: 2025:KHC:22701 WP No. 14374 of 2025 iii) Such other order/s including the award of costs as this Hon'ble Court deems fit, in the interest of justice and equity." 2. Learned counsel for the petitioners submits that the father may be granted overnight custody of the children. It is submitted that the Court has now shifted the place to the Police Station for visitation and it is not convenient for the parties and the father will not be in a position to develop bonding with the children. 3. Learned counsel appearing for the respondents submits that the earlier place of visitation is 45 kilometers away from the place where the children are staying and the mother is no more and the children are staying along with the grandparents. It is also submitted that to grant overnight custody, the children do not have the attachment with the father as of now and it will not be in the interest of the minors. 4. Alternatively, learned counsel for the petitioner submits that as the G&WC is of the year 2023, this Court may direct the Family Court to dispose of the matter as expeditiously as possible. - 4 - HC-KAR NC: 2025:KHC:22701 WP No. 14374 of 2025 5. Considering the peculiar facts and circumstances of the case, where the mother is no more and the children are staying with the grandparents, granting overnight custody or asking them to meet at a far away place, at this point of time, is not in the interest of the minors. However, considering the other submission with regard to the speedy disposal of the matter, considering the fact that the G&WC is of the year 2023, this Court deems it appropriate to direct the Family Court to dispose of the matter. Hence, this Court is passing the following order: ORDER i. The Principal Judge, Family Court at Hassan, shall dispose of G&WC.No.13/2023 within a period of three months. ii. The contentions of both the parties are kept open. iii. Accordingly, the writ petition is disposed of. iv. All I.As. in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 25