- 1 - NC: 2025:KHC:17279 WP No. 16542 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 16542 OF 2024 (GM-FC) BETWEEN: SRI VINAY A V, S/O A V VIJAYKUMAR, AGED ABOUT 39 YEARS, R/O DOOR NO.2334, NEAR ESHWARA TEMPLE, VIDYANAGAR-577005, DAVANAGERE TALUK AND DISTRICT, MOBILE NO.9739461481. …PETITIONER (BY SRI. V B SIDDARAMAIAH.,ADVOCATE) AND: SMT ANUSHA D.S. @ KAVYA, W/O VINAY A V, D/O D E SHIVASHANKAR, AGED ABOUT 34 YEARS, R/O DOOR NO. 938/1, MYSURU MATACHA GALLI, BASAVESHWARA NAGARA, KAIPETE-577004, DAVANAGERE TALUK AND DISTRICT, MOBILE NO. 9343579233. …RESPONDENT (BY MEENA JALAN, ADVOCATE FOR SRI. S.B SRIKANTH.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD. 08.06.2023 PASSED ON IA NO. 5 IN MC NO.112/2022 VIDE ANNX-E AND THEREBY ORDER INTERIM CUSTODY OF THE MINOR CHILD A.V. BHARATH, FROM EVERY Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17279 WP No. 16542 of 2024 FRIDAY EVENING AFTER SCHOOL HOURS TILL SUNDAY EVENING 5.00PM. 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: "Issue writ of certiorari or any other writ or order to set aside the order dated 8.6.2023 passed on I.A. No.5, filed by the petitioner U/Sec 26 of the Hindu Marriage Act, R/w Section 151 of CPC passed by the Judge, Family Court, at Davanagere, rejecting the prayer of the petitioner for interim custody of the child on Saturday's in MC No.112/2022, vide Annexure-E and thereby order interim custody of the minor child A.V. Bharath, from every Friday evening after school hours till Sunday evening 5.00 p.m." 2. It is submitted by learned counsel for the wife that from June-2024, the husband is not paying the maintenance amount of Rs.5,000/-, which is ordered by the Family Court. - 3 - NC: 2025:KHC:17279 WP No. 16542 of 2024 3. Learned counsel for the husband submits that today husband has handed over the amount of Rs.50,000/- to the counsel appearing for the wife. Learned counsel appearing for the wife acknowledges receipt of the same and submits that she will file calculation memo as to how much are the arrears to be paid by the husband. Learned counsel for the husband submits that husband is ready to pay the arrears of maintenance. 4. The said submissions are placed on record. 5. The Family Court by an order dated 8.6.2023 granted visitation rights to the father on every Sunday from 10.00 a.m. to 5.00 p.m. and during the said period, father can take interim custody of the child with a condition that he shall not indulge in any activities affecting the health and life of the minor child - A.V. Bharath and also the wife is entitled to interim maintenance of Rs.5,000/- per month from the date of application and also the litigation expenses of Rs.5,000/-. 6. It is submitted that the Court has granted visitation rights on every Sunday from 10.00 a.m. to 5.00 p.m. and if the same is granted both on Saturday and Sunday, father is - 4 - NC: 2025:KHC:17279 WP No. 16542 of 2024 ready to take care of education expenses of the child and also pay an amount of Rs.5,000/- per month towards expenses of the child. 7. Learned counsel appearing for the wife submits that the husband has failed to pay maintenance from the date of order till now. Further, the child is not willing to meet the father. 8. Having heard learned counsels on either side, perused the entire material on record. The boy is aged 4 years old and granting of visitation rights only one day is not sufficient for the father to develop bonding with the boy. Hence, the writ petition is disposed off in the following terms: i) The petitioner – father is entitled to have visitation on every Saturday and Sunday from 10.00 a.m. to 6.00 p.m. Father can pick up the child at 10.00 a.m. and drop him back at 6.00 p.m. ii) Father shall pay an amount of Rs.5,000/- (Rupees five thousand only) per month for the - 5 - NC: 2025:KHC:17279 WP No. 16542 of 2024 maintenance of the child. The father shall also bear the education expenses of the child. iii) The Family Court has granted maintenance of Rs.5,000/- per month from the date of application. Today, the husband has paid Rs.50,000/- (Rupees fifty thousand only) and the arrears shall be paid within a period of four weeks from the date of this order. iv) Wife shall furnish her Bank account details to the husband. Pending applications, if any shall stand disposed of. SD/- (LALITHA KANNEGANTI) JUDGE GSS List No.: 1 Sl No.: 21