- 1 - HC-KAR NC: 2025:KHC:26650 WP No. 20968 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 20968 OF 2025 (GM-FC) BETWEEN: MR. SANDEEP GUPTA, S/O. MR. SATISH, AGED ABOUT 42 YEARS, R/A B75, BEARYS ANUGRAHA, NO.18, PATEL H RAMAIAH ROAD, ADJACENT TO KSFC LAYOUT, LINGARAJAPURAM, BENGALURU, KARNATAKA – 560 084. …PETITIONER (BY SRI. MONISHA N.S., ADVOCATE) AND: MRS. ANGELINA SANDEEP GUPTA, D/O. MR.VALERII, AGED ABOUT 38 YEARS, R/A #A-502, SERENE, BRIDGE UTOPIA, SH-35, VARTHUR ROAD, BENGALURU, KARNATAKA -560 087. …RESPONDENT THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRITS OR ORDERS OR DIRECTIONS QUASHING/SETTING ASIDE THE NOTICE DATED: 19/06/2025 IN G AND WC NO. 217/2025 ON THE FILE OF I ADDL. PRL JUDGE FAMILY COURT, BENGALURU, UNDER SECTION 7 OF GUARDIANS AND WARDS ACT, 1890 VIDE ANNEXURE E. 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:26650 WP No. 20968 of 2025 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer: “Wherefore, it is most humbly prayed before this Hon’ble Court be pleased to: i. Issue writ of certiorari or any other appropriate writs or orders or directions quashing/setting aside the notice dated 19.06.2025 in G & WC.No.217/2025 on the file of I Addl. Principal Judge, Family Court, Bengaluru, under Section 7 of Guardians and Wards Act, 1890 vide Annexure E; ii. Issue writ of mandamus or any other appropriate writs or orders or directions restricting Respondent from removing or attempting to remove minor child named Aryan Gupta aged 7 years out of the territorial jurisdiction of India without the prior permission of this Hon’ble Court; iii. Grant such other and further reliefs as this Hon’ble deems fit to grant under the circumstance of the case, in the interest of justice and equity.” 2. It is the case of the petitioner that the marriage was performed on 14.02.2017 and in view of the differences - 3 - HC-KAR NC: 2025:KHC:26650 WP No. 20968 of 2025 between the parties, both the petitioner and the respondent are residing separately from June 2023. On 07.08.2023 the respondent/wife had filed M.C.No.3551/2023 on the file of the I Addl. Principal Judge, Family Court, Bengaluru, under Section 27(1) (d) Read with Section 38 of the Special Marriage Act, 1954. Then on 07.11.2023, the petitioner/husband had filed G & WC.No.392/2023 on the file of the I Addl. Principal Judge, Family Court, Bangalore under Section 7, 17 and 25 of Guardians' and Wards Act, 1890 for custody of the child and the petitioner had also filed M.C.No.3993/2024 before the Court of the I Addl. Principal Judge, Family Court, Bengaluru seeking judicial separation. On 12.07.2024, the petitioner and respondent signed the mediation agreement in M.C. No.3993/2024 before the Court of the I Additional Principal Judge, Family Court, Bengaluru. On 29.08.2024 decree was drawn by the Family Court in M.C.No.3993/2024. Thereafter, the petitioner had filed a complaint against the respondent as he is not able to know the whereabouts of the minor son and for not complying the conditions of the mediation agreement and the petitioner had also filed a complaint before the District Child Welfare Committee against the respondent. The - 4 - HC-KAR NC: 2025:KHC:26650 WP No. 20968 of 2025 respondent/wife initially had filed G & WC.No.217/2025 on the file of the I Addl. Principal Judge, Family Court, Bengaluru and a notice is issued to the petitioner/husband. 3. Learned counsel for the petitioner/husband submits that already the disputes between the parties are settled and the earlier proceedings have attained the finality. Now, the respondent cannot file G & WC petition and issuing the summons in the said case itself is bad. Hence, the petitioner/husband is before this Court questioning the said summons issued. 4. Having heard the learned counsel appearing for the petitioner, perused the material on record. When the summons are issued to the petitioner by the Family Court, the petitioner could have submitted all these facts before the very same Court which has issued the summons. The respondent/wife might not have disclosed the facts and a notice is issued by the Court. Once these facts are brought to the notice of the Family Court, the Court will pass appropriate orders. For that purpose the petitioner cannot approach this Court. In that view of the matter, this Court deems it appropriate to pass the following: - 5 - HC-KAR NC: 2025:KHC:26650 WP No. 20968 of 2025 ORDER i. Accordingly, the writ petition is disposed of by giving liberty to the petitioner to approach the Court. ii. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 54