- 1 - HC-KAR NC: 2025:KHC:32074 WP No. 21023 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 21023 OF 2025 (GM-FC) BETWEEN: DR.KEERTHI M., D/O MR V.MUNIYAPPA AND MRS.JAYALAKSHMI W/O DR.RITESH G.V., AGED ABOUT 33YEARS R/AT NO. 438, 6TH B MAIN ROAD 2ND BLOCK, HRBR LAYOUT KALYAN NAGAR BENGALURU -560 043 &PETITIONER (BY SRI. V.B.SHIVAKUMAR, ADVOCATE) AND: DR.RITESH G.V., S/O MR. VASANTHA KUMAR G.V., AND DR. ASHA V. KUMAR HUSBAND OF DR. KEERTHI M., AGED ABOUT 34 YEARS NO 6, GREE PARK LAYOUT RAMAMURTHY NAGAR MAIN ROAD BANASWADI BENGALURU -560 043 &RESPONDENT (BY SMT.P.C.VANITHA AND SRI.S.R.SIDDARTHA, ADVOCATES) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 24.6.2025 ON IA.NO.2 AND 3 PASSED BY THE IV ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU IN G AND W.C.NO.397/2024 IS AT ANNEXURE-A. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32074 WP No. 21023 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in I.A.Nos.2 and 3 in G & WC.No.397/2024 dated 24.06.2025 by the IV Addl. Principal Judge, Family Court, Bengaluru, whereby the Family Court had granted the visitation, the mother is before this Court. The Family Court has passed the following order: <I.A.Nos.2 & 3 filed by the petitioner U/Sec.12 of Guardians and Wards Act, 1890, r/w/s/ 151 of CPC r/w/7(d) and (g) & 10(3) of Family Courts Act 1984 are hereby allowed in part. Petitioner/applicant is permitted to meet the minor child Atharva. R as follows; i. On alternative days of the week i.e. on Tuesday, Thursday and Friday from 5.00 PM to 7.00 PM, ii. On Sundays from 11.00 AM to 5.00 PM and iii. On other days (non-meeting days) Petitioner is permitted to meet the child through video calls for a maximum period of 30 minutes, - 3 - HC-KAR NC: 2025:KHC:32074 WP No. 21023 of 2025 iv. The petitioner may meet the child in the respondent's house and take the physical custody of the child to his house with prior intimation, v. This order will be commencing from 24.06.2025 till final disposal of case. vi. Petitioner shall not compel and pressurize the child to be with him for the entire duration taking into consideration the concern of the child. vii. Petitioner shall take care of the health and hygienic of the child when the child with his custody. The above directions would be scrupulously obeyed by the petitioner which are in the best interest of the child and keeping in mind the comfort well being and paramount interest of the minor child Atharva R. No order as to costs.= The mother is before this Court. 2. Learned counsel appearing for the mother submits that the boy is aged 3 years and the Family Court had granted the visitation on alternative days of the week i.e., on Tuesday, - 4 - HC-KAR NC: 2025:KHC:32074 WP No. 21023 of 2025 Thursday and Friday from 5.00 p.m. to 7.00 p.m. and on Sundays from 11.00 a.m. to 5.00 p.m. and on the other days, the father is permitted to meet the child through video calls. It is submitted that the mother is before the Court only concerned with the long duration i.e., from 11.00 a.m. to 5.00 p.m. It is submitted that the mother is a doctor and that is the day where she gets time to take care of the child completely and if the custody is given from 11.00 am to 5.00 pm., it will be difficult for her. When the matter came up initially, this Court had passed an interim order permitting the father to exercise the visitation and whenever the visitation could not be complied with as per the order of this Court, the mother has to compensate the same on some other days. 3. Learned counsel appearing for the respondent/ father submits that on one pretext or the other, the father is not able to enjoy the visitation, on 3 days it was stated that the boy is not feeling well, there is a puja at home and even as per the order passed by this Court that is not compensated. Learned counsel further submits that the birthday of the boy is on 01.09.2025 and it will be in the interest of the boy if both - 5 - HC-KAR NC: 2025:KHC:32074 WP No. 21023 of 2025 the parents jointly celebrate the birthday. It is submitted that the timings may be changed. 4. Having heard the learned counsels on either side, perused the material on record. The boy is 3 years old and the Family Court has already granted visitation to the father on Tuesday, Thursday and Friday from 5.00 p.m. to 7.00 p.m. Now, from the arguments of the learned counsel for the respondent/father, it appears that as the boy is sleeping or otherwise visitation was not granted. The mother, who is present before this Court submits that the boy generally sleeps between 5.00 and 6.30 p.m. considering the same, if the visitation is granted on Tuesday, Thursday and Friday between 6.30 pm and 8.30 pm, it would serve the purpose. Then coming to Sunday, the Family Court had granted the visitation at 11 am. to 5.00 pm. The mother is also a doctor, she also needs to spend some time with the child and on that day she has to take care of the necessities of the child. On that day, if the visitation is between 10.00 am to 1.00 pm., it would also balance the interest of both the parties. Then coming to the birthday, it is submitted that the mother is interested to celebrate the birthday in Phoenix Market City and the invitation and other - 6 - HC-KAR NC: 2025:KHC:32074 WP No. 21023 of 2025 things will be sent to the father. Learned counsel appearing for the respondent/husband submits that they have no objections to share the expenses and the mother will invite the father on the birthday as it is celebrated on 01.09.2025 in the evening. Hence, this Court is passing the following: ORDER i. On alternative days of the week i.e., on Tuesday, Thursday and Friday, the father can exercise the visitation from 6.30 pm. to 8.30 pm. ii. On Sundays from 10.00 am. to 1.00 pm. On the other days, the father is permitted to have the conversation with the child through the video calls. iii. The father can pick up the child from the mother's place and shall drop him back to the same place. iv. The other conditions that the Family Court had imposed that the father shall not compel and pressurize the child to be with him for the entire - 7 - HC-KAR NC: 2025:KHC:32074 WP No. 21023 of 2025 duration taking into consideration the concern of the child and the other condition that the father shall take care of the health and hygiene of the child, this Court is not interfering with the same. v. Both the parties shall strictly adhere to the timings and directions and the mother shall ensure that the orders passed by this Court are complied with. vi. On any Tuesday, Thursday and Friday, if the order of this Court is not complied with for any reason in the same week mother has to compensate. Even a Sunday is not compensated, and then in the same week even that duration whatever is granted by the Court has to be compensated as per the convenient time of the father. vii. I.A.No.7/2025 pending before the Family Court with regard to the birthday of the child as already this Court has passed the order, no - 8 - HC-KAR NC: 2025:KHC:32074 WP No. 21023 of 2025 further orders require to be passed by the Family Court. viii. Accordingly, the writ petition is disposed of. ix. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 11