Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:41983 WP No. 30103 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 30103 OF 2025 (GM-FC) BETWEEN:
CHIRAG THOMAS S/O THOMAS JOSE AGE ABOUT 38 YEARS, R/A C332 SOWPARNIKA SANVI PHASE 2, WHITEFIELD, BENGALURU- 560066 …PETITIONER (BY SRI. SIJI MALAYIL., ADVOCATE)
AND:
TEENA CHANDRASHEKHARA D/O KOTTANCHERRYCHANDRASHEKHARA W/O CHIRAG THOMAS AGE ABOUT 37 YEARS R/A PROPERTY 5A, 1ST MAIN, A CROSS, GREEN PARK LAYOUT, DODDABANASWADI, BENGALURU- 560043.
ALSO AT MERCEDES BENZ RESEARCH AND DEVELOPMENT INDIA EMBASSYCREST P1 PLOT NO 5 WHITEFIELD MAIN ROAD NEAR SATHYA SAI BABA HOSPITAL EPIPZONE HOODI BENGALURU 560066
ALSO AT G 1401, SUMADHURA EDEN GARDEN, 1ST MAIN ROAD, OFF SAI BABA ASHRAM ROAD, DODDABANAHALLI WHITEFIELD, BENGALURU 560067 …RESPONDENT
Digitally signed by MEGHA MOHAN Location:
HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:41983 WP No. 30103 of 2025
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE VI ADDL.
PRL.JUDGE, FAMILY COURT, BENGALURU FOR SPEEDY DISPOSAL OF INTERIM APPLICATION NUMBERED I.A.NO.3 FILED UNDER SECTION 12 OF GUARDIAN AND WARDS ACT READ WITH SECTION 151 OF CPC, WITHIN 30 DAYS FROM THE DATE OF THE ORDER PASSED BY THIS HONBLE COURT, VIDE ANNX-C.GRANT AN INTERIM ORDER TO CUSTODY OF THE CHILD FOR DUSSHERA AND DIVEALI HOLIDAYS / VACATIONS.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
The present writ petition is filed seeking direction to the Family Court to dispose of I.A.No.3 which is filed seeking visitation by the husband. 2. Learned counsel appearing for the petitioner/husband submits that I.A is filed on 21.09.2024. Even after a year the said I.A is not disposed of. 3. This Court had called for a report from the VI Additional Principal Judge, Family Court, Bengaluru why the application seeking visitation was kept pending from the last one year. The report is placed before this Court by the learned
- 3 -
HC-KAR NC: 2025:KHC:41983 WP No. 30103 of 2025
Judge stating that after the husband had filed I.A.No.3, the wife had filed I.A.No.6 seeking direction restraining the husband from visiting or approaching the wife's house or school of the minor child. Due to the said I.A, the I.A filed seeking visitation could not be disposed of. It is stated that there is a huge pendency on the file of the Family Court. As on 01.10.2025 there is a total pendency of 2,751. In view of these facts, he could not dispose of the I.A. Now the case is posted to 03.11.2025 and on that day the said I.A will be disposed of. 4. Whenever a report is sought from the Family Courts it has become a routine practice to state that how much burdened they are. The High Court is conscious of the fact how many cases are pending before the Family Court. It is not necessary for the learned Judge to mention this, hereafter, these kinds of references shall not be made in the reports. Earlier when these kind of reports are sent, this Court made it clear that this is not the manner in which a report shall be placed before the High Court. Whatever is the pendency, when an I.A is filed seeking visitation or interim maintenance, it is the duty of the Family Court to give priority to those I.As,
- 4 -
HC-KAR NC: 2025:KHC:41983 WP No. 30103 of 2025
which require immediate attention of the Family Court and in the interest of the parties. If the wife files an I.A restraining the husband from visiting or approaching the wife’s residence or school of the minor child that cannot be a ground for the Family Court to keep IA No.3 pending.
In these circumstances, this Court is passing the following:
ORDER i. I.A No.3 and I.A No.6 shall be disposed of by the Family Court within 1 month from the date of receipt of the copy of this order. ii. Accordingly, the writ petition is disposed of. iii. Pending IAs, if any, shall stand closed.
SD/-
(LALITHA KANNEGANTI) JUDGE
RJ List No.: 1 Sl No.: 7