Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:6809 WP No. 27840 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO. 27840 OF 2024 (GM-FC)
BETWEEN:
MR. G SATISH BABU S/O GOVINDA PRASAD AGED ABOUT 36 YEARS R/AT NO.853, SUGUNA UPPER CREST 8TH WING, 5TH FLOOR SUGUNA UPPER CREST APTS GATTIGERE MAIN ROAD R R NAGARA BENGALURU-560 098 …PETITIONER (BY SRI.TOMY SEBASTIAN., SR.COUNSEL FOR ALWYN SEBASTIAN.,ADVOCATE) AND:
SUPRITHA S RAO W/O SATISH BABU AGED ABOUT 31 YEARS R/AT DOOR NO 853, SUGUNA UPPER CRUST GATTIGERE MAIN ROAD R R NAGARA BENGALURU-560 098
ALSO AT AMENDMENT D-2 1ST FLOOR CARRIED OUT DHANUSHTA APARTMENT AS PER COURT IDEAL HOMES TNP, E CROSS ROAD ORDER DATED NEAR NHVPS SCHOOL 06.12.2024 RAJESHWARI NAGAR BENGALURU - 560 098 …RESPONDENT
Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA
- 2 -
NC: 2025:KHC:6809 WP No. 27840 of 2024
(BY SRI.ARUN ASHOK GADAG.,ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ANNX-A, ORDER DATED 18- 09-2024 PASSED ON IA NO. 2 AND IA NO. 9 BY THE II ADDITIONAL PRL.JUDGE, FAMILY COURT, BENGALURU IN G AND WC NO. 406/2023, AND GRANT THE RELIEF ALLOWING THE PETITIONER TO VISIT HIS SON MASTER SURYA SATISH EVERY WEEKEND AND FURTHER ALLOW THE PETITIONER TO MAKE A PHONE CALL/WHATS APP VIDEO CALL EVERY NIGHT TO HIS SON AND GRANT INTERIM CUSTODY OF THE MINOR CHILD ON EVERY SATURDAY MORNING FROM 9.00AM TO SUNDAY 09-00 PM.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR
ORAL ORDER Learned counsels for the parties alongwith their respective parties and the minor child – Surya Satish are preset before the Court. 2. Heard learned senior counsel – Sri Tomy Sebastian on behalf of learned counsel – Smt. Alwyn Sebastian for the petitioner – father and the learned counsel – Sri Arun Ashok for the respondent – mother. - 3 -
NC: 2025:KHC:6809 WP No. 27840 of 2024
3. The petitioner – father is before this Court questioning the order dated 18th September 2024 passed on I.A. Nos.2 and 9 in G & WC No.406/2023. 4. In pursuance of the order passed by this Court dated 7h February 2025, parties have entered into amicable settlement with regard to visitation rights. Learned counsels for the parties have filed a joint memo, which reads as under:
“1. Both the parties agree that the petitioner shall be entitled to visitation between 10.A.M to 6 PM on every Alternative Sunday. The Respondent agrees to drop the child at Nimishamba Temple, RR Nagar, Bengaluru at 10 AM and thereafter the Respondent agrees to drop the minor child at the very same spot at 6 PM. The Petitioner is entitled to visitation on the 1st and 3rd Sunday of every month. 2. The Petitioner undertakes to pay the annual school fees, which the Petitioner agrees to transfer to the Bank account of the Respondent. The Respondent shall send an email stating the total amount payable towards the minor's school fee and the petitioner shall oblige to the same. Wherefore, the Petitioner and the Respondent have mutually agreed to comply with the terms stipulated hereinabove, in the Interest of Justice.”
5. Learned senior counsel for the petitioner as well as learned counsel for the respondent and the respective parties have affixed their signatures to the joint memo
- 4 -
NC: 2025:KHC:6809 WP No. 27840 of 2024
agreeing for visitation rights of the minor child. The joint memo is placed on record. 6.
In view of the above, this Court deems it appropriate to modify the impugned order passed by the Family Court, in terms of the joint memo, in the following terms: i) The petitioner – father is entitled to have visitation rights on 1st and 3rd Sunday of every month from 10.00 a.m to 6.00 p.m. ii) On the date of visitation rights, the minor child shall be brought by the respondent – mother and handed over to the petitioner – father at Nimishamba temple, R.R. Nagar, Bengaluru and the petitioner shall spend the quality time with the minor child and hand over custody of the minor child back to the respondent at 6.00 p.m. at the same place. iii) The petitioner – father undertakes to pay the annual school fee of the minor child by way of transfer of the same to the bank account of the respondent. The respondent shall send an e.mail stating the total amount payable towards the minor child’s school fee and the petitioner shall pay/deposit the same. - 5 -
NC: 2025:KHC:6809 WP No. 27840 of 2024
iv) The respondent - mother is directed to cooperate with the visitation rights provided to the petitioner - father. v) The impugned order insofar as other terms and conditions, is sustained and left undisturbed. vi)
7. In view of both parties agreeing to the terms and conditions stated supra, nothing would survive for
consideration in the present petition.
8. Accordingly, the writ petition is disposed of.
Liberty is reserved to the Family Court to modify this order as and when required depending upon improvement of relationship between the parties and the changed circumstances.
Sd/- (PRADEEP SINGH YERUR) JUDGE
GSS List No.: 1 Sl No.: 115