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2025 DAILYLAW 56487 (KAR)

SMT. SUKRUTHA P B v. SRI PRITHVI SUNKU

WP/25413/2025 · 2025-08-22

Lalitha Kanneganti

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32950 WP No. 25413 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 25413 OF 2025 (GM-FC) BETWEEN: SMT. SUKRUTHA P.B., (MENTIONED AS SUKRUTHA PRITHVI IN (G AND WC 438/2025)) W/O. PRITHVI SUNKU, AGED ABOUT 32 YEARS, R/AT. NO.61/62, EAST PARK ROAD, 15TH CROSS, NEAR MLA COLLEGE, MALLESWARAM, BENGALURU-560 003 …PETITIONER (BY SRI.NAGESH VINAY S., ADVOCATE FOR SMT.DHANALAKSHMI Y., ADVOCATE) AND: SRI. PRITHVI SUNKU S/O. KIRAN SUNKU, AGED ABOUT 33 YEARS OFFICE AT NO.121 CHAMRAJPET, BENGALURU- 560 018 …RESPONDENT (BY SRI.RANGANATH REDDY, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANNEXURE-A ORDER DATED:07.08.2025 PASSED BY THE IV ADDL. FAMILY JUDGE AT BANGALORE IN G AND WC NO. 438/2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32950 WP No. 25413 of 2025 ORAL ORDER Aggrieved by the orders passed on IA No.10 in G & WC No.438/2024 dated 07.08.2025 by the IV Addl. Prl. Judge, Family Court, Bengaluru, whereby the family court had directed the mother to hand over the custody of the minor daughter to the father to celebrate the festivals on Gowri Festival and Ganesha Chathurthi that falls on 26.08.2025 and 27.08.2025 from 11.00 a.m. to 04.00 p.m., the mother is before this court. 2. Both the parties are referred to as husband and wife for the sake of convenience. 3. Learned counsel appearing for the petitioner/mother submits that the girl child is 2½ years old and staying with the father for such long duration is not possible and it is not something in the interest of the girl. In fact, till now as per the orders passed by the court, the father is exercising his visitation in the Mediation Center, Bangalore. The family court without considering the age of the girl has passed this order. 4. Though notice is not ordered on the respondent, Vakalath is filed on his behalf. He submits that from the last 1½ - 3 - HC-KAR NC: 2025:KHC:32950 WP No. 25413 of 2025 years from the day wife had left the husband, he is not able to meet the child. The family court considering all this has granted the visitation and there are no reasons to interfere with the order. 5. Having heard the learned counsel on either side, perused the entire material on record. In the earlier round of litigation, when order in IA No.2 was questioned by filing WP.No.10950/2025 C/w WP.No.12768/2025 where the court considering the contentions of both the counsels had passed an order dated 26.04.2025 directing the father to exercise visitation rights in the child visitation room in Bangalore Mediation Center on 1st, 2nd and 3rd Saturdays of the month from 11.00 a.m. to 2.00 p.m. and considering the disputes between the parties, court has passed strict orders on whose presence should be there and when the grandparents can meet. The duration granted by the court i.e. from 11.00 a.m. to 04.00 p.m. on both the festivals considering the age of the girl child is not appropriate and that too considering the strained relations between the parties. It is not in the interest of the child at this point of time, granting custody between 11.00 a.m. - 4 - HC-KAR NC: 2025:KHC:32950 WP No. 25413 of 2025 to 4.00 p.m. At the same time, the court is conscious of the fact that the father should get an opportunity to develop bonding with the daughter. 6. In the light of above discussion, this court is passing the following: ORDER i. The order passed on I.A.No.10 in G & WC No. 438/2024 dated 07.08.2025 is modified, father on 26.08.2025 and on 27.08.2025 shall pick up the child from the mother's place at 10.00 a.m. and he shall drop her back by 1.00 p.m. on both the days. ii. The mother's presence is not required as the father will go and pick up the child. If the girl is not comfortable or if she wants to talk to the mother, Father shall facilitate the daughter to speak with the mother. iii. Both the parties shall adhere to the orders passed by this court and any disobedience or deviation from the order will be considered very seriously. - 5 - HC-KAR NC: 2025:KHC:32950 WP No. 25413 of 2025 iv. As this IA is only pertaining to these two days, nothing remains for consideration in this writ petition. v. Accordingly, the writ petition is disposed off. vi. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS, List No.: 4 Sl No.: 1