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2025 DAILYLAW 56801 (KAR)

MS. MEGHA BORDOLOI v. MR. RAM NITHIN BAALAY

WP/25199/2022 · 2025-07-22

Lalitha Kanneganti

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:27909 WP No. 25199 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 25199 OF 2022 (GM-FC) BETWEEN: MS. MEGHA BORDOLOI D/O MRIDUL KUMAR BORDOLOI, AGED ABOUT 36 YEARS, PRESENTLY R/AT FLAT NO. 108, A TYPE HAVING NEW MUNICIPAL NO. 627/B-FF-108 ON THE FIRST FLOOR, BERNESE BLOCK, ALPINE ECO MARATHAHALLI, BENGALURU 560037 …PETITIONER (BY SRI. VAMSHI KRISHNA C., ADVOCATE) AND: MR. RAM NITHIN BAALAY S/O MR. BHOOMARAJAM BAALAY AGED ABOUT 36 YEARS, PERMANENT R/O 1-8-700/21, PADMA COLONY, NALLKUNTA, HYDERABAD 560014 …RESPONDENT (BY SMT. PARVATHY R NAIR., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 07.12.2022 IN GWC NO.3/2022 PASSED BY THE HONBLE II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT VIDE ANNX-A AT BENGALURU IN I.A.NO.9 AND DIRECT THE TRIAL COURT TO REFRAIN FROM PASSING ORDERS TO TAKE THE CHILD TO HYDERABAD USING ITS PREVIOUS ORDERS AS PRECEDENTS AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27909 WP No. 25199 of 2022 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed questioning the order passed in I.A.No.9 in G&WC.No.3/2022 dated 07.12.2022 by the II Additional Principal Judge, Family Court at Bengaluru, whereby the Family Court had directed the petitioner/mother to take the minor child to Hyderabad for attending the birthday celebration of grand mother on 8.12.2022 by reaching Hyderabad at 4 PM and the mother can return back along with her mother and minor son on the same day from 10 PM onwards to Bangalore. 2. Learned counsel for the petitioner/mother submits that the petition has become infructuous as it is an order directing the mother to attend the birthday function on 08.12.2022. 3. Learned counsel for the respondent submits that as on the date this writ petition is filed, that day itself this writ petition has become infructuous. In fact, the mother has not complied with the order that is passed by the Family Court and after all the arrangements are made, she has not travelled to Hyderabad stating that her health was not good. Learned - 3 - HC-KAR NC: 2025:KHC:27909 WP No. 25199 of 2022 counsel for the respondent submits that the conduct of the mother is all through like this. 4. This writ petition is filed questioning the order dated 07.12.2022 and by that time, already the date that is fixed by the Family Court is lapsed i.e., 08.12.2022 and no further orders are passed by the Court. Whatever is the conduct of the mother, at this stage, this Court cannot go into all those aspects. It is left open to the parties to agitate the same before the Family Court in G&WC.No.3/2022. 5. Accordingly, the writ petition is dismissed as infructuous. i. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 228