- 1 - HC-KAR NC: 2025:KHC:24519 W.P. No.50476/2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.50476/2019 (GM-CPC) BETWEEN: SMT. UNNATI JAIN WIFE OF NAVEEN KUMAR SIYAL AGED ABOUT 35 YEARS R/AT. RATNA KANCHAN VILLA NO.204, HILINK SOCIETY NEAR AERODRUM, INDORE MADYAPRADESH 452005. …PETITIONER (BY SRI. P. PRASAD, ADV.,) AND: SRI. NAVEEN KUMAR SIYAL SON OF LATE B. PUSHALAL SIYAL AGED ABOUT 40 YEARS R/AT. NO.190, NARAYANAPILLAI STREET BHARATHI NAGAR, BANGALORE 560001. …RESPONDENT (BY SRI. G.R. MOHAN, ADV.,) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 08.08.2019 ON THE INTERLOCUTORY APPLICATION ON I.A.NO.3 IN EX.NO.126/2019 IN THE COURT OF THE II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, AT BANGALORE UNDER ANNEXURE-F. ALLOW INTERLOCUTORY APPLICATION FILED BY THE PETITIONER IN I.A.NO.5, FILED UNDER ORDER XXI RULE 29 R/W SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 IN EX.NO.126/2019 IN THE COURT OF THE II ADDITIONAL PRINCIPAL JUDGE FAMILY COURT, AT BANGALORE UNDER ANNEXURE-D & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RUPA V Location: High Court of karnataka - 2 - HC-KAR NC: 2025:KHC:24519 W.P. No.50476/2019 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed seeking the following reliefs: (a) set aside the impugned order dated 08.08.2019, on the interlocutory application on IA.No.3, in Ex.No.126/2019 in the Court of the II additional Principal Judge, Family Court, At Bangalore, under Annexure-F, (b) Allow interlocutory application filed by the petitioner in IA.No.5, filed under Order XXI Rule 29 read with section 151 of the Code of Civil Procedure, 1908 in Ex.No.126/2019 in the Court of the II additional Principal Judge Family Court, At Bangalore, under Annexure-D." 2. Sri.P.Prasad, learned counsel for the petitioner submits that the petitioner is the mother of the minor ward. It is submitted that due to the matrimonial disputes, the petitioner and respondent are residing separately and the petitioner is residing at Indore, Madhya Pradesh and the respondent is residing at Bengaluru. The respondent has obtained exparte judgment and decree before the Family Court, wherein the Family Court has appointed the respondent as the guardian of the minor ward "Dharvi Siyal" and directed that the respondent is entitled to permanent custody of the minor child. - 3 - HC-KAR NC: 2025:KHC:24519 W.P. No.50476/2019 It is submitted that the child is now aged about 13 years and from the date of birth she is in the care and custody of the petitioner. The order of the Family Court being exparte, the petitioner challenged the same in Misc.Petition No.75/2019 seeking to restore the same. Pending the said petition, the respondent has filed Execution No.126/2019 and in the said case and the Family Court allowed I.A.No.3 filed by the respondent and ordered to provide police help to assist the respondent in implementing the order dated 01.04.2019 passed in G & WC No.140/2018. It is submitted that if the said order is allowed to be enforced, it would cause great hardship to the minor ward as the minor ward has grown in the custody of the mother from the date of birth, hence, he seeks to allow the petition. 3. Per contra, Sri.G.R.Mohan, learned counsel for respondent submits that the order of the Family Court dated 01.04.2019, though exparte, has attained finality as the Miscellaneous Petition filed by the petitioner has been dismissed. It is submitted that this Court by detailed order on 20.01.2020 has made an arrangement of visitation right and - 4 - HC-KAR NC: 2025:KHC:24519 W.P. No.50476/2019 the same has not been implemented by the parties as the respondent is suffering from serious health issues. It is further submitted that the writ petition may be disposed of by granting liberty to the respondent to move the execution Court, if need arises and if the health condition of the respondent is improved. 4. The submission of learned counsel for the respondent is placed on record. 5. I have heard the learned counsel for the petitioner, learned counsel for the respondent and perused the material available on record. 6. The undisputed facts are that the petitioner is the wife and the respondent is the husband and out of the wedlock "Dharvi Siyal" is born on 23.09.2012. The material on record indicate that the minor daughter is in the care and custody of the petitioner from the date of her birth and due to the matrimonial dispute, the petitioner and the respondent are residing at different places. It is also brought to the notice of the Court that the minor child is pursuing education at Indore, - 5 - HC-KAR NC: 2025:KHC:24519 W.P. No.50476/2019 Madhya Pradesh. When things stood thus, the respondent filed Execution No.126/2019 before the Family Court, Bengaluru and in the said proceedings, IA No.3 is filed seeking direction to the Senior Superintendent of Police, Indore, Madhya Pradesh to secure the custody of the minor child. The said application came to be allowed under the impugned order by directing the Senior Superintendent of Police, S.P.Office, Regal Square, Indore, Madhya Pradesh to assist the respondent in implementing the order dated 01.04.2019 passed in G & WC.No.140/2018. In my considered view, the Family Court ought to have taken note of the fact that the order dated 01.04.2019 is an exparte order and thereafter an application is filed for restoration of the said proceedings. Be that as it may. Now, a categorical statement is made by the learned counsel for the respondent that respondent is suffering from serious health issues, hence, he is unable to implement the order dated 01.04.2019 as well as the interim order granted by this Court on 20.01.2020. When things stood thus, I am of the considered view that the interest of justice would be met if the petition is disposed of by quashing the impugned order dated 08.08.2019 and by permitting the respondent to implement the order dated - 6 - HC-KAR NC: 2025:KHC:24519 W.P. No.50476/2019 01.04.2019 passed in G & WC No.140/2018, if need arises. With the above observations, I proceed to pass the following: ORDER i. The writ petition is allowed. ii. The impugned order dated 08.08.2019 passed on I.A.No.3 in Execution No.126/2019 by the II Additional Principal Judge Family Court, Bengaluru, is hereby set aside. iii. The respondent is at liberty to implement the order dated 01.04.2019 passed in G & WC No.140/2018 by the II Additional Principal Judge, Family Court, Bengaluru, if need arises. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 36