- 1 - HC-KAR NC: 2025:KHC:37058 WP No. 24668 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 24668 OF 2025 (GM-FC) BETWEEN: 1. MR. JAYAVARDHAN SHETTY S/O LATE MUTHAYA SHETTY AGED ABOUT 46 YEARS RESIDING AT 172-1-2, HOUSE NO. 1, SBI BANK BUILDING, 3RD FLOOR, THYAMMALAYOUT, DWARAKANAGAR, BAGALUR MAIN ROAD, YELAHANKA, BENGALURU - 560 063 EMAIL: JAI.SHETTY@GMAIL.COM PHONE: 9449045790 2. MASTER VYOM YOHAN SHETTY (MINOR) AGED ABOUT 9 YEARS REPRESENTED BY PETITIONER NO. 1, HIS NATURAL FATHER AND LEGAL GUARDIAN RESIDING AT NO. 504, TOWER 2, SATTVA EXOTIC DWARAKA NAGAR, BAGALUR MAIN ROAD , BENGALURU - 560 063. …PETITIONERS (BY SRI. JAYAVARDHAN SHETTY, PARTY IN PERSON) AND: 1. STATE OF KARNATAKA THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF EDUCATION, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37058 WP No. 24668 of 2025 VIDHANA SOUDHA, BENGALURU - 560 001 2. MRS. VICTORIA JOSLIN D'SOUZA W/O MR. JAYAVARDHAN SHETTY AGED ABOUT 44 YEARS RESIDING AT 504, TOWER 2, SATTVA EXOTIC, DWARAKANAGAR, BAGALUR MAIN ROAD, BENGALURU - 560 063. 3. SENSE KALEIDOSCOPE SCHOOL 139, SAMYUKTHA MANNE, ASHA GREENRICH COUNTY, MITGANAHALLI, BENGALURU, KARNATAKA - 562 149 REPRESENTED BY ITS PRINCIPAL, MS. AKSHAYEE SHETTY …RESPONDENTS ----- THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO FACILITATE VISITATION RIGHTS AND MEANINGFUL ACCESS TO THE MINOR CHILD FOR PETITIONER NO.1, INCLUDING ON THE CHILDS BIRTHDAY (25TH AUGUST 2025) THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:37058 WP No. 24668 of 2025 ORAL ORDER The writ petition is filed seeking the following prayers : a) Issue a writ of mandamus directing the respondent no.2 to facilitate visitation rights and meaningful access to the minor child for petitioner no.1, including on the child's birthday (25th August, 2025); b) Declare the filing of the G & WC (Annexure-B) matter in the Sessions Court instead of the Family Court as improper and violative of the petitioner's rights under Articles 14 and 21. c) Direct respondent no.1 to ensure that all educational and therapeutic decisions regarding the minor child involve written consent of both parties. d) Issue directions to respondent no.3 to share all academic, behavioral and medical reports of the minor child with petitioner no.1. 2. Learned counsel appearing for petitioner No.1/husband submits that, respondent No.2/wife had denied petitioner no.1 access to the child. The child is diagnosed with mild Autism. The father has no contact with the child. According to the petitioner/party-in-person, the fundamental rights of the child are violated. As such, there shall be a direction to the respondent no.2-mother of child to have meaningful access of the minor child with the father, including on the child's birthday and to declare that, filing of the G & W.C. matter in the Sessions Court instead of the Family Court is, improper and - 4 - HC-KAR NC: 2025:KHC:37058 WP No. 24668 of 2025 violative of the petitioner's right under Articles 14 and 21 and also a direction to the respondent no.2-wife to ensure that all educational and therapeutic decisions regarding the minor child should involve written consent of both parents and further for a direction to respondent no.2 to share academic, behavioral and medical reports of the minor child with the petitioner. 3. The reliefs that are sought before this Court, cannot be granted by this Court, exercising jurisdiction under Article 226 of the Constitution of India. The petitioner no.1-father is yet to file objections in the G & W.C filed by wife at Devanahalli. It is submitted that the matter has been referred to Mediation. When once, the matter comes back from the Mediation, what are all the reliefs that are sought for by father before this Court, similar reliefs can be sought before the Court at Devanahalli, and the Court will consider the same and pass appropriate orders. Further, the contention of petitioner no.1 that fundamental rights are being violated by wife, can as well be adjudicated before the Court at Devanahalli and this Court cannot pass any orders against respondent no.1 in this writ petition. - 5 - HC-KAR NC: 2025:KHC:37058 WP No. 24668 of 2025 4. In view of the above discussion, this Court is passing the following: ORDER i) The writ petition is dismissed as not maintainable by giving liberty to the petitioner to file appropriate application before the Court at Devanahalli, where G & WC is pending. ii) All I.A.s in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE rs List No.: 1 Sl No.: 17 CT: BHK