- 1 - NC: 2025:KHC:2250 WP No. 35436 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 35436 OF 2024 (GM-FC) BETWEEN: SRI CHANDRAKANTH U S/O UGREGOWDA K L AGED ABOUT 32 YEARS R/AT NO 301 DEGULA GROUND FLOOR PIPELINE ROAD MAHALASHMIPURA BENGALURU -560 083. …PETITIONER (BY SRI.KALYAN R.,ADVOCATE) AND: SMT NAMRATHA V D/O VASUDEVA W/O CHANDRAKANTH U AGED ABOUT 29 YEARS R/AT NO 580 14TH A CROSS BHUVANESHWARI NAGAR HEBBAL, KEMPAPURA BENGALURU- 560 024. …RESPONDENT (BY SRI. PRAVEENKUMAR G R.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO MODIFY THE IMPUGNED ORDER DTD. 05.12.2024 ON I.A.NO.III FILED UNDER SECTION 12 OF THE GUARDIANS AND WARDS ACT, IN CASE G AND WC NO. 190/2024 PASSED BY THE IV ADDL. PRL. JUDGE FAMILY COURT, AT BANGALORE AS PER ANNX-A TO THE WRIT PETITION AND CONSEQUENTLY TO ALLOW I.A.NO.3 FILED U/S 12 OF THE GUARDIAN AND WARDS ACT. Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2250 WP No. 35436 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL ORDER Learned counsel for the petitioner as well as learned counsel for the respondent are present before the Court alongwith the petitioner and the respondent respectively. 2. The petitioner-father is before this Court questioning the interim order dated 5th December 2024 passed in G & WC No.190/2024 by the Family Court, Bengaluru. 3. Heard learned counsels for the petitioner as well as the respondent and perused the papers. 4. Having heard learned counsels for the parties and considering the grounds urged in the memorandum of writ petition, this Court deems it appropriate to dispose of the petition by modifying the visitation rights of the minor child - Radhya N.C., in the interest of justice, in the following terms: i) Petitioner/father shall be permitted visitation rights of the minor child - Radhya N.C. on every 3rd Saturday - 3 - NC: 2025:KHC:2250 WP No. 35436 of 2024 and 3rd Sunday of the month from 2.30 p.m. to 4.30 p.m. ii) The respondent/mother shall accompany the child to the Esteem Mall located in Hebbal, Bengaluru, and hand over the custody of the child to the petitioner/father on every 3rd Saturday and 3rd Sunday from 2.30 p.m. to 4.30 p.m. iii) The petitioner is permitted to have visitation of the minor child - Radhya N.C. , alongwith his parents during the said period. iv) It is made clear that if there is any delay in respondent/mother bringing the child for visitation for about 15 - 20 minutes, the same shall be adjusted by extending the outer limit. v) The petitioner shall hand over custody of the minor child - Radhya N.C. to the respondent/mother after completion of visitation as stated supra. vi) In case of any difficulty to comply with the order of visitation rights on 3rd Saturday/Sunday, the same - 4 - NC: 2025:KHC:2250 WP No. 35436 of 2024 shall be compensated on 4th Saturday/Sunday with a prior intimation by the respondent/mother to the petitioner/father by WhatsApp/e.mail or through telephonic conversation. vii) The rest of the impugned order shall remain intact. To be specific, the impugned order insofar as permitting the petitioner to see and talk to the child on 1st, 2nd and 4th Sunday of every month from 1.00 p.m. to 2.00 p.m., for nearly 10 to 15 minutes through video call, is left undisturbed and the same shall continue until further orders. viii) In case of any difficulty, liberty is reserved to the petitioner and the respondent to approach the Family Court for modification, if any required. In that event, the Family Court is at liberty to decide the visitation rights, in accordance with law. ix) The Family Court shall proceed further and dispose of the matter expeditiously. 5. It is the apprehension of the respondent/mother that since the petitioner/father possess the passport of the minor - 5 - NC: 2025:KHC:2250 WP No. 35436 of 2024 child, he may take the child away from the jurisdiction of the Court. 6. Therefore, this Court deems it appropriate to direct the petitioner/father to deposit the passport of the minor child - Radhya N.C. before the Family Court within one week from today. Ordered accordingly. Accordingly, the writ petition is disposed of. Sd/- (PRADEEP SINGH YERUR) JUDGE GSS List No.: 1 Sl No.: 26