- 1 - HC-KAR NC: 2025:KHC-D:8210 WP No. 100071 of 2025 C/W WP No. 101012 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 100071 OF 2025 C/W WRIT PETITION NO. 101012 OF 2025(GM-FC) IN W.P. NO. 100071/2025 BETWEEN: SMT. SANMATI W/O. RAVI KUTTE @ MALLEWADI, AGE: 35 YEARS, OCC: SERVICE, R/O. H.NO.138, CLUB ROAD, BELAGAVI-590 001. …PETITIONER (BY SRI. PRASHANT F. GOUDAR, ADVOCATE) AND: SHRI RAVI H. KUTTE, AGE: 36 YEARS, OCC: SERVICE, R/O. H.NO.01, CTS 211, 1ST FLOOR, GUNDAPPANAVAR BUILDING, HANAMANNAVAR GALLI, ANGOL, BELAGAVI-590 006. …RESPONDENT (BY SRI. MADANAGOUDA PATIL, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER PASSED BY THE HON’BLE PRINCIPAL JUDGE, FAMILY COURT, BELAGAVI IN G AND WC NO.19/2023 DATED 09.08.2024 VIDE ANNEXURE-A HEREBY PERMITTING THE PETITIONER TO EXERCISE THE VISITING RIGHTS AS PRAYED FOR IN THE APPLICATION FILED BY THE PETITIONER PRODUCED VIDE ANNEXURE-C AND ETC. VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8210 WP No. 100071 of 2025 C/W WP No. 101012 of 2025 IN W.P.NO. 101012/2025 BETWEEN: SMT. SANMATI W/O. RAVI KUTTE @ MALLEWADI, AGE: 35 YEARS, OCC: SERVICE, R/O. H.NO.231, SAI COLONY MAIN ROAD, OPPOSITE OF SAI MANDIR, KANGRALI B.K., SHAHUNAGAR, BELAGAVI-590 010. …PETITIONER (BY SRI. PRASHANT F. GOUDAR, ADVOCATE) AND: SHRI RAVI H. KUTTE, AGE: 36 YEARS, OCC: SERVICE, R/O. WADA COMPOUND, OPP. ADINATH BHAVAN, ANGOL, BELAGAVI-590 006. …RESPONDENT (BY SRI. MADANAGOUDA PATIL, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER PASSED BY THE HON’BLE PRINCIPAL JUDGE, FAMILY COURT, BELAGAVI IN G AND WC NO.19/2023 DATED 13.12.2024 VIDE ANNEXURE-A HEREBY PERMITTING THE PETITIONER TO EXERCISE THE VISITING RIGHTS AS PRAYED FOR IN THE INTERIM APPLICATION IN G AND WC NO.19/2023 DATED 13.10.2023 FILED BY THE PETITIONER FOR VISITATION RIGHTS PRODUCED VIDE ANNEXURE-C AND ETC. THESE PETITIONS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. Heard the learned counsel for the petitioner and the learned counsel for the respondent. - 3 - HC-KAR NC: 2025:KHC-D:8210 WP No. 100071 of 2025 C/W WP No. 101012 of 2025 2. These petitions are filed by the mother in a custody petition before the Principal Family Court, Belagavi against the respondent, who is the father of the child. 3. These two petitions are filed by the mother on the orders passed on the interim application for visitation rights which was partially granted by the Family Court initially from 11:00 am to 02:00 pm once in fifteen days i.e. on Sunday. Subsequently on modification of the order, the child was ordered to be brought to the Court premises for visitation rights to be exercised by the mother. The custody petition before the Family Court is pending adjudication. In the meanwhile, this Court passed an order on 16.06.2025 directing the respondent-father of the child to handover the custody and visitation rights of the minor child to the petitioner-mother by dropping the child to the house of the petitioner at 10:00 am and to pickup the child back from the house of the mother, which has been complied. The minor child is aged 10 years. There was no difficulty for - 4 - HC-KAR NC: 2025:KHC-D:8210 WP No. 100071 of 2025 C/W WP No. 101012 of 2025 the minor child during the visitation rights exercised by the mother. 4. Learned counsel for both parties submit that they do not have any objection in continuing with the visitation rights. The Family Court may decide the case on the merits of the matter if required to interact with the minor child. 5. I have heard the learned counsel for both parties. 6. Both the parents, who are at logger heads, are before the Court. It is the minor child who is put in difficulty because of the matrimonial dispute encountered by the couple. It is stated that the husband has already obtained an exparte decree of divorce which is questioned and challenged before the Court in an appeal. 7. Be that as it may. Primary consideration to decide an application or the custody petition would be the welfare and wellbeing of the minor child rather than the interest and willing of either of the parents. The custody petition is yet to be decided. Evidence is yet to be adduced. - 5 - HC-KAR NC: 2025:KHC-D:8210 WP No. 100071 of 2025 C/W WP No. 101012 of 2025 In the meanwhile, the non-custodial parent is entitled to have the custody and visitation rights frequently so that the bond and love with the child stays intact and does not get depleted or distanced between the mother and the child. The child is in the custody of the father. Therefore, non- custodial parent is the mother. She requires to be given frequent visitation rights for her to interact, shower her love and affection to the minor child and vice-versa. 8. Under the circumstances, this Court is of the opinion that the mother shall have visitation rights of the minor child on every alternate Sunday i.e. second and fourth Sunday from 10:00 am to 06:00 pm. The respondent-father shall drop the minor child to the residence of the mother at 10:00am and pickup the minor child from the residence of the mother at 6:00pm. There shall be a buffer time of about one hour in picking up and dropping the child. It is made clear that neither the mother nor the father of the child shall create any untoward incidents while picking up and dropping and while receiving and delivering the child back to the - 6 - HC-KAR NC: 2025:KHC-D:8210 WP No. 100071 of 2025 C/W WP No. 101012 of 2025 father. This arrangement shall continue till the Family Court decides any further application filed by either of the parties for alternation or modification of the interim order passed herein today. 9. The parties to the proceedings are at liberty to move the Court for further modification including over night stay which shall be considered by the Family Court in accordance with law and so also by interacting with the minor child. Ordered accordingly. The petitions are disposed of. Sd/- (PRADEEP SINGH YERUR) JUDGE kmv CT-MCK