- 1 - HC-KAR NC: 2025:KHC:24003-DB MFA No. 6115 of 2024 C/W MFA No. 3752 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE G BASAVARAJA MISCELLANEOUS FIRST APPEAL NO.6115 OF 2024 (FC) C/W MISCELLANEOUS FIRST APPEAL NO.3752 OF 2024 (FC) IN MFA No. 6115/2024 BETWEEN: SRI SABYASACHI SENGUPTA, SON OF LATE GAURI SHANKAR SENGUPTA, AGED ABOUT 45 YEARS, RESIDING AT NO. C-215, KALPATHARU LAKEVIEW APARTMENTS, PUTTENAHALLI MAIN ROAD, OPP. TO PUTTENAHALLI GOVERNMENT HIGH SCHOOL, J. P. NAGAR, 7TH PHASE, BANGALORE-560 078. …APPELLANT (BY SRI. KARAN GUPTA, ADV.) AND: SMT. DEBASREE SIRCAR WIFE OF SRI. SABYASACHISENGUPTA, AGED ABOUT 46 YEARS, RESIDING AT NO. 702, Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24003-DB MFA No. 6115 of 2024 C/W MFA No. 3752 of 2024 AXIS ESTRELLA TERRACES, BANNERUGHATTA ROAD, SYNDICATE BANK COLONY, OMKAR NAGAR, HULIMAVU, BANGALORE-560 076. …RESPONDENT (BY SMT. SHAHIDA KHANAM J., ADV. AND SMT. MASKOOR HASHMI, ADV.) THIS MFA IS FILED U/S 19(1) OF FAMILY COURTS ACT AGAINST THE JUDGMENT AND DECREE DATED 21.04.2023 PASSED IN G AND WC.NO.341/2015 ON THE FILE OF THE II ADDITIONAL PRL. JUDGE, FAMILY COURT, BENGALURU, PARTLY ALLOWING THE PETITION FILED UNDER SECTION 12 OF THE GUARDIANS AND WARDS ACT. IN MFA NO. 3752/2024 BETWEEN: DEBASREE SIRCAR AGED ABOUT 43 YEARS, D/O LATE DEBABRATA SIRCAR, R/AT NO.84, GOVINDA REDDY LAYOUT, AREKERE LAYOUIT, BENGALURU 560076. PRESENTLY RESIDING AT, NO.702, AXIS ESTRELLA TERRACES, BANNERGHATTA MAIN ROAD, SYNDICATE BANK COLONY, OMKAR NAGAR, HULIMAVU, BENGALURU - 560076. ...APPELLANT (BY SMT. MASKOOR HASHMI M.D., ADV. AND SMT. SHAHIDA KHANAM J., ADV.) - 3 - HC-KAR NC: 2025:KHC:24003-DB MFA No. 6115 of 2024 C/W MFA No. 3752 of 2024 AND: MR. SABYASACHI SENGUPTA, AGED ABOUT 45 YEARS, S/O LATE GAURI SHANKAR SENGUPTA, R/AT NO. 183, 2ND FLOOR, LAXMI LAYOUT, AREKERE LAYOUT, BENGALURU - 560076. PRESENTLY RESIDING AT, NO.C-215, KALAPATHARU LAKEVIEW APARTMENTS, PUTTENAHALLI GOVERNMENT HIGH SCHOOL, J P NAGAR 7TH PHASE, BENGALURU - 560078. ...RESPONDENT (BY SRI. KARAN GUPTA., ADV.) THIS MFA IS FILED U/S 19(1) OF FAMILY COURTS ACT AGAINST THE JUDGMENT AND DECREE DATED 21.04.2023 PASSED IN G AND WC NO.341/2015 ON THE FILE OF THE II ADDITIONAL PRL. JUDGE, FAMILY COURT, BENGALURU, PARTLY ALLOWING THE PETITION FILED UNDER SECTION 12 OF THE GUARDIANS AND WARDS ACT. THESE APPEALS, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE G BASAVARAJA - 4 - HC-KAR NC: 2025:KHC:24003-DB MFA No. 6115 of 2024 C/W MFA No. 3752 of 2024 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) These appeals are filed calling in question the order dated 21st April, 2023 in G & WC No.341 of 2015 on the file of the II Additional Principal Judge, Family Court, Bengaluru (for short the “Family Court”), and the Family Court by this impugned order has granted custody of the child to the mother with certain visiting rights to the father, and in fact, the Family Court has detailed the terms of visiting rights. Presently, both the father and mother who are appellants in the corresponding appeals have filed a memo for withdrawal of corresponding appeals. In support of the request for withdrawal of the appeals, the learned counsels for the parties place on record that the minor daughter is on the verge of completing eighteen years and the parents have agreed that the father will have visiting rights as wished by the - 5 - HC-KAR NC: 2025:KHC:24003-DB MFA No. 6115 of 2024 C/W MFA No. 3752 of 2024 daughter who will be at liberty to communicate her wishes to the father. In the light of the afore, the appeals stand disposed of modifying the family Court’s impugned order recording the consent between the parties that the daughter shall communicate her wish directly to the father when he can visit and the father shall act accordingly. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (G BASAVARAJA) JUDGE lnn List No.: 1 Sl No.: 39