- 1 - NC: 2025:KHC:1292 WP No. 35438 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 35438 OF 2024 (GM-FC) BETWEEN: SUDHIR MADHAV PAI S/O LATE MADHAV PAI, AGED ABOUT 47 YEARS, R/A BHARATH BAGH, KADRI ROAD, BHARATH BEDDI WORKS PVT LTD., KODIALBAIL, MANGALORE, DAKSHINA KANNADA, KARNATAKA - 575 003. …PETITIONER (BY SRI. MAHESH KIRAN SHETTY, ADVOCATE) AND: SHREYA SUDHIR PAI @ CHANDRIKA KAMAT D/O LAXMAN R KAMAT, AGED ABOUT 42 YEARS, R/A A204, RMZ LITITUDE, BELLARY ROAD, AMRUTHALLI, HEBBAL, BANGALORE - 560 092. …RESPONDENT (BY SRI. ARPAN B PATTANASHETTI., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE RESPONDENT TO ALLOW THE CHILDREN MASTER VIKRAM PAI AGED ABOUT 13 YEARS AND MISS. TANYA PAI AGED ABOUT 11 YEARS TO GO TO MANGALORE AND TO STAY WITH THE PETITIONER AND HIS MOTHER FOR A WEEK DURING CHRISTMAS VACATION AND ETC. Digitally signed by SHAKAMBARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1292 WP No. 35438 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard learned counsel for the petitioner and learned counsel for the respondent. 2. The minor children, namely Master Vikram Sudhir Pai and Miss Tanya Pai, are present before the Court as per the direction of the Court. 3. The petitioner's grievance is that he had filed interim applications, I.A.Nos.6, 7, 8 and 9 before the learned Family Judge, Bengaluru, in G&WC.No.99/2024, same was not considered and therefore he was unable to have visitation rights and custody rights, which he sought for. Hence he has filed the present petition seeking a Writ of Mandamus, by way of direction to the learned Family Court to dispose of his applications. 4. I am of the view that the petition may not be maintainable as no orders were passed and in fact it is the - 3 - NC: 2025:KHC:1292 WP No. 35438 of 2024 grievance that in view of non passing of the order by the learned Family Judge, the petitioner/father is deprived of seeing/visiting the minor children. 5. It would be appropriate for this Court to direct the Family Court to decide applications I.A.Nos.6, 7, 8 and 9 in accordance with the law expeditiously and pass suitable orders. 6. It is the duty and obligation of the Family Court to decide applications filed for interim custody/visitation as expeditiously as possible so as not to render the same infructuous without any visitation rights being provided to the father. Under the circumstances, I pass the following: ORDER i) This petition is disposed of with the direction to the learned Family Judge to dispose of the applications I.A.Nos.6, 7, 8 and 9. ii) The parties shall appear before the Family Court on 24.01.2025 and shall address - 4 - NC: 2025:KHC:1292 WP No. 35438 of 2024 arguments on the pending applications, on which day the learned Family Judge shall pass suitable orders with regard to visitation rights on merits upon hearing the parties as well as interaction with the minor children, or on any other day not later than one week from 24.01.2025. iii) Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE AM List No.: 1 Sl No.: 20