- 1 - HC-KAR NC: 2025:KHC:22490 WP No. 14503 of 2025 C/W WP No. 14353 of 2025 WP No. 14361 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 14503 OF 2025 (GM-FC) C/W WRIT PETITION NO. 14353 OF 2025 (GM-FC) WRIT PETITION NO. 14361 OF 2025 (GM-FC) IN WP No. 14503/2025 BETWEEN: SMT. MADURA BENDIGERI (MENTIONED AS MADURA BENDEGERI IN (G & WC 349/2023) W/O. DR. SUDHARSHAN R.G, AGED ABOUT 39 YEARS, R/AT. A-3, 1ST FLOOR, HOUSE NO.14 KALPILA APARTMENT, KAGGADASAPURA, BENGALURU-560093. …PETITIONER (BY SRI. NAGESH VINAY S, ADVOCATE) AND: SRI. DR. SUDHARSHAN S/O. GOVINDRAJU, AGED ABOUT 42 YEARS R/AT B-204, PARANPAJE WINDFIELDS APARTMENTS, YEMLUR MAIN RAOD KEMPAPURA, BELLANDUR, BENGALURU- 560037 …RESPONDENT (BY SMT. PRAMILA NESARGI, SENIOR COUNSEL FOR SRI. MUTAGUPPI RAMACHANDRA PUTTA, ADVOCATE) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22490 WP No. 14503 of 2025 C/W WP No. 14353 of 2025 WP No. 14361 of 2025 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNX-A ORDER DTD. 23.04.2025 PASSED BY THE I ADDL. FAMILY JUDGE AT BANGALORE IN G AND WC NO. 349/2023 ON IA NO. III AND I.A. NO.IV. IN WP NO. 14353/2025 BETWEEN: DR. SUDARSHAN R.G S/O GOVINDRAJU AGED ABOUT 42 YEARS, R/AT NO B-001, MAITHRI PRIDE APARTMENTS, 5TH MAIN 6TH CROSS, KAGGADASAPURA BENGALURU - 560037 ...PETITIONER (BY SMT. PRAMILA NESARGI, SENIOR COUNSEL FOR SRI. MUTAGUPPI RAMACHANDRA PUTTA, ADVOCATE) AND: MADHURA BENDEGERI W/O DR. SUDARSHAN R.G AGED ABOUT 39 YEARS,. R/AT A-3, 1ST FLOOR, HOUSE NO.14, KAPILA APARTMENT, KAGADASAPURA BENGALURU - 560093 ...RESPONDENT (BY SRI. NAGESH VINAY S, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMON ORDER PASSED BY PRINCIPAL JUDGE, FAMILY COURT, BANGALORE DATED PRODUCED HEREIN AS ANNX-E. - 3 - HC-KAR NC: 2025:KHC:22490 WP No. 14503 of 2025 C/W WP No. 14353 of 2025 WP No. 14361 of 2025 IN WP NO. 14361/2025 BETWEEN: DR. SUDARSHAN R.G S/O GOVINDRAJU AGED ABOUT 42 YEARS, R/AT NO B-001, MAITHRI PRIDE APARTMENTS, 5TH MAIN 6TH CROSS, KAGGADASAPURA BENGALURU - 560037 ...PETITIONER (BY SRI. SMT. PRAMILA NESARGI, SENIOR COUNSEL FOR SRI. MUTAGUPPI RAMACHANDRA PUTTA, ADVOCATE) AND: MADHURA BENDEGERI W/O DR. SUDARSHAN R.G AGED ABOUT 39 YEARS,. R/AT A-3, 1ST FLOOR, HOUSE NO.14, KAPILA APARTMENT, KAGADASAPURA BENGALURU - 560093 ...RESPONDENT (BY SRI. NAGESH VINAY S, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMON ORDER PASSED BY LD FAMILY JUDGE, BANGALORE DATED PRODUCED HEREIN AS ANNEXURE-E. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 4 - HC-KAR NC: 2025:KHC:22490 WP No. 14503 of 2025 C/W WP No. 14353 of 2025 WP No. 14361 of 2025 ORAL ORDER Aggrieved by the order passed in I.A.Nos.II and VIII in G&WC.No.349/2023 dated 23.04.2025 by the I Additional Principal Judge, Family Court at Bengaluru, the father has filed W.P.No.14361/2025 and aggrieved by the order passed in I.A.No.III and IV dated 23.04.2025 by the I Additional Principal Judge, Family Court, Bengaluru, the mother had filed W.P.No.14503/2025 and the father had filed WP.No.14353/2025. 2. The parties are referred to as father and mother for the sake of convenience. 3. The father has filed G&WC.No.349/2023 seeking custody of the minor child. The boy is aged about 2 years 10 months. The parents are living separately from July 2023. It is the case that right from the birth the boy is suffering with kidney problem for which he has to be under constant medication. The Court by order impugned in I.A.No.II had permitted the mother to travel within the jurisdiction of Karnataka. When it comes to I.A.No.VIII, the Family Court had passed the following order: - 5 - HC-KAR NC: 2025:KHC:22490 WP No. 14503 of 2025 C/W WP No. 14353 of 2025 WP No. 14361 of 2025 "ORDER "I.A.No.III under Section 12 of the Guardians and Wards Act, 1890 read with Section 151 of the Code of Civil Procedure filed by the petitioner is partly allowed. I.A. No.IV under Section 12 of the Guardians and Wards Act, 1890 read with Section 151 of the Code of Civil Procedure filed by the petitioner is partly allowed. petitioner is Petitioner/father is entitled for interim custody of the minor child Ridham M.S. between 2 PM to 6PM on every Saturday and Sunday and he shall pick the child from respondent/mother's house and drop him back. Petitioner is also entitled for interim custody of the minor child Ridham M.S. on birthday of the child and during all festivals from morning 10 AM to 2 PM and he shall pick the child from respondent/mother's house and drop him back. Petitioner has the right of contact with the minor child on alternative days through video call for a period of one hour in between 5 PM to 7PM with prior intimation to the respondent. Respondent is directed to facilitate for smooth exercise of custody rights and right of contact by the petitioner." 4. Learned Senior Counsel appearing on behalf of the petitioner submits that the Court having granted visitation on every weekend had permitted the mother to travel across Karnataka and the father will be deprived of the visitation. Further, it is submitted that the boy is suffering from health issues and unless and until the medicine is given continuously, the child's health will be deteriorated. It is the submission that - 6 - HC-KAR NC: 2025:KHC:22490 WP No. 14503 of 2025 C/W WP No. 14353 of 2025 WP No. 14361 of 2025 father has no confidence on the mother that she will take care of the interest and welfare of the boy. It is submitted that mother has anger issues and she behaves violently, which is not in the welfare of the minor son. 5. Learned counsel appearing on behalf of the respondent submits that mother is taking all possible steps to see that medical issues of the boy are addressed. She is taking the boy to the doctor as suggested by the father, but though he is suggesting several doctors, he himself is having lot of complaints against the doctors. He is asking the doctor to say that the boy is underweight and several other things and they are filing those prescriptions before the Court. The mother has no objection for giving visitation rights to the father. It is submitted that her parents are staying in Hubli and if she is stopped from travelling to Hubli, it would cause lot of hardship to the mother. It is submitted that on alternative days, the Court had directed for a video call for a period of 1 hour in between 05.00 p.m. to 07.00 p.m. and the boy is aged 2 years 10 months and it is so difficult for the mother to make him talk for hours with the father and whenever the boy switch off the - 7 - HC-KAR NC: 2025:KHC:22490 WP No. 14503 of 2025 C/W WP No. 14353 of 2025 WP No. 14361 of 2025 phone, it is reflected on the mother that the mother is not interested in making the boy to talk with the father. It is submitted that the Court has also passed an order that on all festivals, the father is entitled for visitation from morning 10.00 a.m. to 2.00 p.m. It is submitted that it should be clarified what are the festivals. He submits that on these aspects, the order of the Family Court needs to be modified. 6. Having heard the counsels on either side and perused the material on record. 7. While considering the visitation/custody of the minor child, this Court exercising the parens patriae jurisdiction has to ultimately look at the welfare of the minor son. It is the contention of the father that unless the tablets are given every day, it would have an impact on the child's health. According to the mother, she is giving the tablets every day. The Court as well as the father and the mother are looking at the welfare of the child. But the father has his own doubts about whether the medicine will be given regularly or not. This Court deems it appropriate to pass an order wherein every day whenever the medicines are given to the child, in the morning - 8 - HC-KAR NC: 2025:KHC:22490 WP No. 14503 of 2025 C/W WP No. 14353 of 2025 WP No. 14361 of 2025 and in the evening the mother can record a video and send it to the father on a daily basis. Then coming to the festivals, the order of the Court can be modified observing that during the festivals that are celebrated in the family, the father is entitled for the interim visitation from 10.00 a.m. to 2.00 p.m., as ordered by the Court. Then coming to the video call, the Court had granted permission for alternative days video call i.e., for a period of 1 hour between 05.00 p.m. to 07.00 p.m. with prior intimation to the mother. As rightly submitted by the learned counsel for the mother, it cannot be expected that a boy aged 2 years 10 months can be made to sit at one place and speak to the father on a video call. It is difficult for the mother to compel the boy of that age to speak to the father through video call between 05.00 p.m. to 07.00 p.m., for one hour as ordered by the Court. This Court deems it appropriate to modify the one hour duration as long as the boy is comfortable. 8. Coming to the visitation on every Saturday and Sunday in Bangalore is concerned, the mother is travelling to Hubli as her parents are residing there and the Court cannot compel the mother not to travel to Hubli. The father's visitation - 9 - HC-KAR NC: 2025:KHC:22490 WP No. 14503 of 2025 C/W WP No. 14353 of 2025 WP No. 14361 of 2025 is 2 days a week. By any chance, if she is travelling on a weekend when the father has visitation, firstly she has to inform the same in advance to the father and secondly the said visitation has to be compensated immediately in the next week, i.e., these two days along with the other two days in the weekend has to be compensated. 9. The father shall be informed about the school activities and parent-teacher meeting and also with regard to the child's medical needs, father shall be part of all these activities. Whenever the boy needs to be taken to the doctor, both the mother and father shall take the boy to the doctor. Accordingly, this Court is passing the following: ORDER i. Every day whenever the medicines are given to the child, in the morning and in the evening the mother can record a video and send it to the father on a daily basis. ii. On the festivals that are celebrated in the family, the father is entitled for the interim visitation from 10.00 a.m. to 2.00 p.m. iii. As it is difficult for the mother to compel the boy of that age to speak to the father through video call - 10 - HC-KAR NC: 2025:KHC:22490 WP No. 14503 of 2025 C/W WP No. 14353 of 2025 WP No. 14361 of 2025 between 05.00 p.m. to 07.00 p.m., it is modified as, as long as the boy is comfortable. iv. If the mother is travelling on a weekend when the father has visitation, firstly she has to inform the same in advance to the father and secondly the said visitation has to be compensated immediately in the next week, i.e., these two days along with the other two days in the weekend has to be compensated. v. The father shall be informed about the school activities and parent-teacher meeting and also with regard to the child's medical needs, father shall be part of all these activities. Whenever the boy needs to be taken to the doctor, both the mother and father shall take the boy to the doctor. vi. Accordingly, W.P.Nos.14503/2025, 14353/2025 and 14361/2025 are disposed of and the order passed in I.A.Nos.III and IV in G&WC.No.349/2023 dated 23.04.2025 by the I Additional Principal Judge, Family Court at Bengaluru, is modified. vii. All pending I.As., in these writ petitions shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE rv/List No.: 1 Sl No.: 9