- 1 - HC-KAR NC: 2025:KHC:20622 WP No. 16570 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 16570 OF 2025 (GM-FC) BETWEEN: SRI. NAGESH SUBRAHMANYAM S/O LATE MR. T.N. SUBRAHMANYAM, AGED ABOUT 45 YEARS, R/AT, 24, SUDARSHAN GRAND ENCLAVE, CHOKANNAHALLI, BENGALURU-560064 …PETITIONER (BY SRI. SADANAND G SHASTRI, ADVOCATE) AND: 1. MANIDIPA CHAKRAVARTI W/O NAGESH SUBRAHMANYAM, AGED ABOUT 41 YEARS, AADHAAR/UIDAI: 7784 8276 2285 PH: +919731788688 2. MASTER LIKHITH NAGESH BHARADWAJ S/O NAGESH SUBRAHMANYAM, REPRESENTED BY HIS NATURAL GUARDIAN MANIDIPA CHAKRAVARTI (MOTHER) AGED ABOUT 13 YEARS, AADHAAR/UIDAI 5566 6640 9123 BOTH R/AT R/AT 401, LVS LAVENDER, RACHENAHALLI MAIN ROAD, THANISANDRA, BENGALURU-560077. …RESPONDENTS Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20622 WP No. 16570 of 2025 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET-ASIDE THE ORDER DATED 29-03-2025 AT ANNEXURE-A IN M.C. NO.2010/2023 ON THE FILE OF THE COURT OF THE I ADDL. FAMILY JUDGE, BANGALORE IN IA NO.III FILED BY PETITIONERS U/S 26 H.M. ACT AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The Writ petition is filed seeking the following prayers: i. Set-aside the order dated 29-03-2025 at Annexure 'A' in M.C. No. 2010/2023 on the file of the Court of the I Addl. Family Judge, Bangalore; in IA No.III, filed by petitioner under section 26 of Hindu Marraiage Act, consequently ii. Direct the I Addl. Family Judge, in M.C. No. 2010/2023 to dispose off the said matter expeditiously withing an outer limit of 3 months; iii. Direct the Respondent No.1 not to remove the Respondent No.2 from the jurisdiction of this Hon'ble Court; iv. Direct the Respondent not to change the credentials of the Respondent No.2 in his passport without the consent of the Petitioner; v. Direct the Respondent No.1 to withdraw all applications made to the school authorities of the Respondent No.2 preventing the Petitioner from participating in the academic and curriculum of the Respondent No.2; - 3 - HC-KAR NC: 2025:KHC:20622 WP No. 16570 of 2025 vi. Direct the Respondent No.1 to cease and desist from introducing her paramour to the Respondent No.2; vii. Direct the Respondent No.1 to provide smooth access for visitation of the Petitioner with Respondent No.2; viii. Direct the Respondent No.1 to permit the Petitioner to accompany the Respondent No.2 on vacations twice annually and on day trips as mutually agreed between the Petitioner and the Respondent No.1; ix. Direct the Respondent No.1 to permit the Petitioner to participate in extra-curricular activities and education of the Respondent No.2; x. Pass any such order/s or direction/s, as this Hon'ble Court deems fit under the facts and circumstances of this case in the interest of Justice and Equity." 2. The parties are referred to as husband and wife for the sake of convenience. 3. Learned counsel appearing for the petitioner submits that the application is filed seeking visitation/interim custody. From the year 2023 until now no orders were passed. This Court has called for a report from the Court why an application for visitation is not disposed of by the Court and for two years why it is pending. A report is placed before the court by the learned judge stating that the judge has assumed charge recently and has given several reasons why it is not - 4 - HC-KAR NC: 2025:KHC:20622 WP No. 16570 of 2025 disposed of by the earlier Judge. Those reasons this Court is not able to appreciate. 4. In several cases this Court had passed orders directing the Family Courts to dispose of the IAs for maintenance, interim maintenance and IA for visitation expeditiously within a period of one month. In the review meetings also it is brought to the notice of the Court that they are disposing of the matters within one month. But the proceedings of the instant case makes it clear how the application is kept pending from the year 2023 till now. These kinds of delays will further aggravate the differences and issues between the parties. 5. In a given time frame, any of the parties have failed to file the objections it is not the concern of the Court. The Court after giving reasonable opportunity shall pass orders. Accordingly, this Court is passing the following order: ORDER i. It appears that there are two applications. One is the IA for maintenance and other is the IA for interim custody/visitation of the child. Both these - 5 - HC-KAR NC: 2025:KHC:20622 WP No. 16570 of 2025 applications shall be disposed of within a period of one month from the date of receipt of a copy of the order. It is made clear that no further time will be granted. ii. Accordingly, this writ petition is disposed off. iii. This Court is not proposing to issue notice to the respondent as disposal of the case is in the interest of both the parties. iv. All I.As. in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BKN List No.: 1 Sl No.: 9