Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:37865 WP No. 15791 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 15791 OF 2025 (GM-FC) BETWEEN:
MR.VEERESH P.KODEKAL S/O PALAKSHAPPA G KODEKAL, AGED ABOUT 42 YEARS, R/AT NO.216, SWARNA SILICON CASTLE MINOS, BASAVANNA NAGAR ROAD, HOODI, BENGALURU-560 048
W/AT TECHNICAL LEAD, AMETEK INSTRUMENTS INDIA PRIVATE LTD., DIVYASHREE N R ENCLAVE, 1ST MAIN ROAD, KIADB, EXPORT PROMOTION INDUSTRIAL AREA, WHITEFIELD, BENGALURU-66 …PETITIONER (BY SRI. ANIL R., ADVOCATE)
AND:
1.
MRS. SUPRIYA G., D/O LATE GANESHRAO, AGED ABOUT 45 YEARS, R/AT 1141/A, CONTOUR ROAD, 3RD STAGE, GOKULAM, MYSURU-570 002
2.
MASTER KSHITHIJ S/O VEERESH P KODEKAL, AGED ABOUT 10 YEARS, SINCE MINOR REPRESENTED BY MOTHER RESPONDENT NO.1, R/AT 1141/A, CONTOUR ROAD, 3RD STAGE,
Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:37865 WP No. 15791 of 2025
GOKULAM, MYSURU-570 002 …RESPONDENTS (BY SRI. SRIMATHI M.L., ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE PRL. JUDGE FAMILY COURT AT MYSURU IN G AND WC NO.
21/2022 WHICH IS PRODUCED AS ANNEXURE-A.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
The present writ petition is filed seeking the following prayer: PRAYER: WHEREFORE, the petitioner most humbly prays before this Hon'ble court as follows:
1. To issue Writ of Certiorari quashing the order dated 12.11.2022 passed by the Prl Judge Family Court at Mysuru in G&WC.No.21/2022 which is produced as ANNEXURE-A.
2. Issue Writ of Mandamus direct the Respondent No.1 to hand over the custody of minor son to the petitioner.
3. Under the given facts and circumstances issues any other relief as deemed fit by this Hon'ble court.
2. Both the parties have filed a joint memo before the trial Court and in the light of the joint memo, the trial Court had passed an order whereby the visitation arrangements are agreed between the parties. Now, the present writ petition is filed stating that as per the terms and conditions of the joint memo, the wife is not sending the child. Hence, the present
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HC-KAR NC: 2025:KHC:37865 WP No. 15791 of 2025
writ petition is filed to set aside the order passed in G&WC.No.21/2022 dated 12.11.2022 and he sought to issue a Writ of Certiorari.
3. When the trial Court had passed order dated 12.11.2022 basing on a joint memo, if there are any violations of the said order, it is for the party to execute the order. Just because the order is not complied by one of the parties, that cannot be a ground to approach this Court to set aside the
order passed in G&WC and the petition filed before this Court is not maintainable. Hence, this Court is passing the following
order:
ORDER i. Accordingly, the writ petition is dismissed as not maintainable. ii. The petitioner is at liberty to avail the appropriate remedy available to him. iii. All I.As. in this petition shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
MEG List No.: 1 Sl No.: 20