- 1 - HC-KAR NC: 2025:KHC:30979 WP No. 20111 of 2025 C/W WP No. 19357 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 20111 OF 2025 (GM-FC) C/W WRIT PETITION NO. 19357 OF 2025 (GM-FC) IN WP No. 20111/2025 BETWEEN: SRI. MADHU G S/O LATE GUNDAPPA, AGED ABOUT 35 YEARS, RESIDING AT NO 580, SAPALLAMMA TEMPLE ROAD, KADIRENAHALLI, BSK II STAGE, BENGALURU - 560 070 …PETITIONER (BY SRI. H. MANJUNATH, ADVOCATE) AND: SMT. PRERANA MADESH W/O MADHU G., D/O SRI MADESH Y.G., AGED ABOUT 34 YEARS, R/AT D.NO LBO, 'M' BLOCK, 2ND STAGE, NRUPATHUNGA ROAD, KUVEMPUNAGARA 2ND STAGE, MYSURU - 570 023 …RESPONDENT (BY SRI. SAMEER S.N., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS PENDING DISPOSAL ON THE FILE OF THE HONBLE COURT OF PRINCIPAL FAMILY COURT AT MYSURU IN M.C.NO.793/2024 QUASHING THE COMMON IMPUGNED ORDER Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30979 WP No. 20111 of 2025 C/W WP No. 19357 of 2025 DATED 03.06.2025, WHICH IS PRODUCED AS PER ANNEXURE- A PASSED BY THE HONBLE COURT OF PRINCIPAL FAMILY COURT AT MYSURU IN M.C.NO.793/2024 ON THE APPLICATION (I.A. NO.4) FILED UNDER SECTION 151 OF CODE OF CIVIL PROCEDURE, READ WITH SECTION 12 OF GUARDIAN AND WARDS ACT, READ WITH SECTION 26 OF HINDU MARRIAGE ACT, PRODUCED AS PER ANNEXURE-D, BY ALLOWING THIS WRIT PETITION AND ETC. IN WP NO. 19357/2025 BETWEEN: SMT. PRERANA MADESH W/O. MADHU G. D/O. MADESH YG AGED ABOUT 34 YEARS, R/AT DOOR NO.LBO, M BLOCK SECOND STAGE, NRUPATUNGA ROAD KUVEMPU NEXT NAGAR 2ND STAGE MYSORE - 570 023 ...PETITIONER (BY SRI. SAMEER S.N., ADVOCATE) AND: MADHU G. S/O LATE GUNDAPPA AGED 35 YEARS RESIDING AT NO. 580, SAPALLAMMA TEMPLE ROAD KADERNAHALLI BANASHANKARI IIND STAGE, BANGALORE - 560 070 ...RESPONDENT (BY SRI. H. MANJUNATH, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE - 3 - HC-KAR NC: 2025:KHC:30979 WP No. 20111 of 2025 C/W WP No. 19357 of 2025 IMPUGNED ORDER DATED 3-6-2025 PASSED BY THE HON'BLE PRINCIPAL JUDGE FAMILY COURT AT MYSORE ALLOWING IA NO. 3 GRANTING VISITING RIGHTS TO THE RESPONDENTS IN M.C NO. 793/24 AND ETC. THESE PETITIONS, COMING ON FOR DISMISSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order dated 03.06.2025 passed by the Principal Judge, Family Court at Mysuru on I.A.No.IV in MC.No.793/2024, whereby the father is granted visitation rights of the minor son on every 2nd and 4th Saturdays and the following Sundays of each calendar month between 10:00 a.m. and 6:00 p.m., both the mother and father are before this Court. 2. The parties are referred to as the father and mother for the sake of convenience. 3. The mother's writ petition is WP.No.19357/2025 and the father's writ petition is WP.No.20111/2025. 4. Learned counsel appearing for the petitioner-father submits that the mother is working and she has no time to take care of the child and whereas the grand mother is ready to take - 4 - HC-KAR NC: 2025:KHC:30979 WP No. 20111 of 2025 C/W WP No. 19357 of 2025 care of the child, as such the Court ought to have given the custody of the child every week. It is submitted that granting visitation on 2nd and 4th Saturdays and following Sundays is not just and reasonable. 5. Learned counsel appearing for the respondent-mother submits that mother is aggrieved by such order because, the boy is having extra curricular activities on the weekends. Because of the visitation, the child is not in a position to go for the classes and apart from that, it is the submission of the learned Counsel for the mother that the father is coming for visitation in a drunken state and all the time, he is on his mobile and absolutely, no attention to the child. It is submitted that, only as a counter blast to the matrimonial case that is filed by the wife, the husband has come up with this application. It is further submitted that, if there is an intention to have the custody of the child, he would have filed a petition under the Guardians and Wards Act, 1890 seeking custody of the child. It is also further submitted that the order impugned needs to be set aside. - 5 - HC-KAR NC: 2025:KHC:30979 WP No. 20111 of 2025 C/W WP No. 19357 of 2025 6. Having heard the learned counsel on either side, perused the entire material on record. 7. The first submission of the learned counsel appearing for the father that the custody has to be given to the father has no legs to stand. In the matrimonial petition filed by the father, the Court will not grant the custody of the child to the father. 8. Then coming to the submission of the learned counsel appearing for the mother that the boy has classes and as such she cannot meet the father, that submission also cannot be appreciated, for the overall development of the child, apart from the activities, what is more important is love, affection and bonding of both the parents and either of the parents have no right to deprive the child. 9. Then the other submission with regard to the father is coming to meet the child in a drunken condition, if the same is brought to the notice of the Court with sufficient material, the order has to be reviewed and if any modification in this regard is required, it is always open to the mother to bring all these - 6 - HC-KAR NC: 2025:KHC:30979 WP No. 20111 of 2025 C/W WP No. 19357 of 2025 things to the notice of the Family Court as the welfare of the child is paramount consideration for the Court. 10. Then coming to the order, the Court had granted visitation on 2nd and 4th Saturdays and Sundays. Completely granting the visitation on Saturdays and Sundays, the child will not be able to spend any of it's time at least a day in the week and continuously makes him to sit with the father for two days is also difficult and as submitted, he is having extra curricular activities. So the Court has to balance both the aspects and in that view of the matter, this Court is passing the following: ORDER i) The order impugned passed by the Principal Judge, Family Court at Mysuru on I.A.No.IV in MC.No.793/2024 dated 03.06.2025 is modified. The father can exercise the visitation on every Sunday between 10:00 a.m. and 6:00 p.m. ii) The father shall take all steps to see that the visitation runs smoothly and he should spend qualitative time with the child. - 7 - HC-KAR NC: 2025:KHC:30979 WP No. 20111 of 2025 C/W WP No. 19357 of 2025 iii) If the father comes for the visitation in a drunken condition, the mother with the necessary material can file an appropriate application before the Family Court and the Family Court shall consider the same and pass appropriate orders. iv) Accordingly, both writ petitions are disposed off. v) All I.As in these writ petitions shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PHM List No.: 1 Sl No.: 3