- 1 - HC-KAR NC: 2025:KHC:38876 WP No. 29414 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 29414 OF 2025 (GM-FC) BETWEEN: SAMITHA DAS SHARMA AGE ABOUT 40 YEARS D/O DR. ASIM RANJAN DAS R/A NO. 11142, PRESTIGE SHANTINIKETAN, WHITEFIELD, BENGALURU - 560 048. …PETITIONER (BY SRI. ANITA ABRAHAM, ADVOCATE) AND: ASHUTOSH DITT SHARAMA AGE ABOUT 44 YEARS S/O PRABHU DUTT SHARMA R/A 115, TOWER 1, PRESTIGE SHANTINIKETAN, WHITEFIELD, BENGALURU - 560 048. …RESPONDENT (BY SRI. KIRAN SEBASTIAN ROZARIO, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE LD.III ADDL. PRINCIPAL JUDGE, FAMILY COURTS, BENGALURU DTD. 19.09.2025, IN I.A.NO.3/2025 FILED IN G AND W.C.NO.42/2025 PRODUCED HEREIN AS ANNX-A TO THIS WRIT PETITION AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38876 WP No. 29414 of 2025 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in I.A.No.3 in G & WC.No.42/2025 dated 19.09.2025 by the III Additional Principal Judge, Family Court, Bengaluru, whereby the Family Court had granted the interim custody of the child to the father on 29.09.2025 at 08:00 a.m. and have the interim custody till 6.00 p.m on 05.10.2025, the petitioner/mother is before this Court. The Family Court in the order has also observed that the father has to take care of the child including the health issues of the child and inform the mother with regard to any ill- health during his custody and has to drop the child to the house of the mother on 05.10.2025 at 6.00 p.m. 2. Learned counsel appearing for the petitioner/mother submits that the child is now aged about 13 years and the dispute started between the parties from the year 2016 and they have been residing separately from the year 2016. Till now, the father was having only the visitation during the weekends and if at this stage, by this order, the Family Court has granted the interim custody to the father, which is not in - 3 - HC-KAR NC: 2025:KHC:38876 WP No. 29414 of 2025 the interest of the child. It is submitted that the child is not comfortable going with the father. Learned counsel submits that it may be restricted to 2 or 3 days and the Court has to consider the welfare of the child and also the fact that he is aged about 13 years and he has independent mind and his wishes also have to be taken into consideration. It is also submitted that anything that is pertaining to the child, it cannot be imposed on the child and has to be taken slowly and it should not have any emotional impact on the child. All these aspects were not considered by the Family Court and the Court passed the order, which is not in the interest of child and same needs to be modified. 3. Learned counsel appearing for the respondent/father submits that the respondent is residing separately from the year 2016 and as on that date, the child was aged about 3½ years. After that the father had filed G &WC in the year 2020 in Bengaluru and then the mother had shifted to Bombay. Therefore, the said G & WC was transferred to Bombay. Later, again the mother has came back to Bengaluru and again the said G &WC was transferred to Bengaluru and re-numbered as G &WC.No.42/2025. It is submitted that the father has - 4 - HC-KAR NC: 2025:KHC:38876 WP No. 29414 of 2025 taken the apartment in the same complex, in the next building where mother and child were residing and has been traveling to Bengaluru from Delhi on every week end to have custody of the child. It is submitted by the learned counsel appearing for the father that the mind of the child has been completely polluted. Whatever the differences are between father and mother, the mother has been discussing the same with the child and that is having bad impact on the child. It is submitted that the Court rightly considered and rightly passed the order and no interference is called for. 4. In response to that, learned counsel for the petitioner submits that all those allegations without any basis. It is submitted that the mother is not doing anything of that nature and as the child is old enough, he can understand the things and he is showing his reaction. Mother was always trying to see that the child spends a good time with the father. 5. Having heard the learned counsels on either side, perused the material on record. The dispute between the parties have started in the year 2016 and admittedly as on that day the boy was 3½ years old. Even assuming that there was domestic - 5 - HC-KAR NC: 2025:KHC:38876 WP No. 29414 of 2025 violence and the father had behaved badly with the mother, that is not the age where the child can remember all these things and the submission of the learned counsel that because of all these violence, the boy is not comfortable with the father, this Court is not able to appreciate the said submission. The next submission is that things have to be taken slowly, when the visitations are happening from the year 2016 to 2025 i.e., from the last nine years, but how slowly it has to be taken, this Court is not able to understand. Admittedly, father is coming every weekend to meet the child from Delhi and while the father is being granted a visitation for a very short time all these years. Unless and until the boy is able to spend some time with the father, he will not be able to understand about his father and he is more carried away with whatever the impression is of the mother on the father. In these circumstances, giving a considerable time for the father to spend with the child, in the considered opinion of this Court is the balanced order. However, considering the fact that this overnight visitation is happening for the first time, this Court deem it appropriate to modify the order of the Family Court. Accordingly, this Court is passing the following: - 6 - HC-KAR NC: 2025:KHC:38876 WP No. 29414 of 2025 ORDER i. The respondent/father can pick up the child on 27.09.2025 at 10.00 a.m. and he can have the exclusive custody on 27.09.2025, 28.09.2025, 29.09.2025 and 30.09.2025. ii. The child shall be dropped back by 12.00 p.m. on 30.09.2025 and on 01.10.2025, the father can have the visitation between 10.00 a.m. to 7.00 p.m. iii. The father can pick up the child at 07.00 p.m. on 02.10.2025 celebrate the birthday of the child and drop him back at morning 07.00 a.m. on 03.10.2025, so that the mother can celebrate the birthday of the child on 03.10.2025. iv. The father is not permitted to take the child outside the jurisdiction of the Court. v. Both the parties shall appear before the Bangalore Mediation Center on 15.10.2025. - 7 - HC-KAR NC: 2025:KHC:38876 WP No. 29414 of 2025 vi. If the child wants to speak to the mother, the father shall ensure that the child speaks to the mother through video and audio calls, i.e., two times in a day. vii. Accordingly, the writ petition stands disposed of. viii. All I.As in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMJ List No.: 1 Sl No.: 17