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2025 DAILYLAW 55719 (KAR)

DR SANDEEP MANJUNATH v. SMT RENU @ SONU

WP/18425/2025 · 2025-09-09

Lalitha Kanneganti

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:35702 WP No. 18425 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 18425 OF 2025 (GM-FC) BETWEEN: DR. SANDEEP MANJUNATH S/O SRI. A.C.MANJUNATH AGED ABOUT 41 YEARS R/AT NO11, 7TH A MAIN 4TH CROSS, F BLOCK J.P.NAGAR MYSURU-570 008. …PETITIONER (BY SMT. BINDU.U., ADVOCATE) AND: SMT RENU @ SONU D/O SHANKAR NANANNAVAR AGED ABOUT 34 YEARS R/AT C/O D A MUTTIGI NEAR OLD INCOME TAX OFFICE VIDYA NAGAR HUBBALLI-580021. …RESPONDENT (BY SRI. ARAVINDA KAMATH P., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OR SET ASIDE THE ORDER DTD 01.04.2025 ON IA NO.15 IN MC NO. 532/2021 PENDING ON THE FILE OF THE III ADDL. PRL. JUDGE, FAMILY COURT, MYSURU VIDE ANNX-A, AND CONSEQUENTLY GRANT INTERIM CUSTODY OF THE MINOR CHILD TO THE PETITIONER AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35702 WP No. 18425 of 2025 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in I.A.No.15 in M.C. No.532/2021 dated 01.04.2025 by the III Addl. Principal Judge, Family Court, Mysuru whereby the Family Court had dismissed all the I.As. filed by the father, the father is before this Court. 2. The parties are referred to as father and mother for the sake of convenience. 3. It is the case that the father has filed I.A.No.13 under Section 151 of CPC seeking custody of the child during summer vacations in April 2024, I.A.No.14 filed under Order 39 Rule 1 and 2 of CPC seeking for grant of temporary injunction restraining the mother from shifting the residence of the child and I.A.No.15 filed under Section 26 of the Hindu Marriage Act seeking custody of the child from the mother. 4. The Family Court, by order impugned had observed that already G&WC.No.23/2024 is filed by the father. In the said G&WC which is filed exclusively for the custody rights of - 3 - HC-KAR NC: 2025:KHC:35702 WP No. 18425 of 2025 the child, all these applications will be decided by the Family Court and accordingly, dismissed all the I.As filed by the father. 5. Learned counsel appearing to the petitioner/father submits that the Family Court, ought to have considered these application even in M.C. proceedings also, the Family Court can consider the application for visitation. 6. Learned counsel appearing for the respondent/wife has submitted the arguments in support of the impugned order passed by the Family Court. 7. Having heard the learned counsel on either side, perused the material on record. G & WC. is pending before the Family Court, in that already certain applications are filed. Hence, in those circumstances, the Family Court need not consider these applications. There is no dispute with regard to the submission of the learned counsel for the petitioner that even in the MC. proceedings also these applications can be considered, but in the light of the fact that already G & WC is pending and already applications are moved in that. This Court - 4 - HC-KAR NC: 2025:KHC:35702 WP No. 18425 of 2025 finds no reason to interfere with the impugned order passed by the Family Court. Hence, this Court is passing the following: ORDER i. Accordingly, the writ petition is dismissed. ii. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 30