- 1 - HC-KAR NC: 2025:KHC:30248 WP No. 25003 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION No. 25003 OF 2023 (GM-FC) BETWEEN: DR. PALLAVI A.S. W/O SRI VINAY J, AGE: 38 YEARS, R/AT No. 4134/50, 2ND MAIN ROAD "E" BLOCK, SUBRAMANYANAGAR BENGALURU - 560 010. …PETITIONER (BY SRI. RAVINDRA PRASAD B, ADVOCATE) AND: SRI VINAY J S/O SRI JAGADISH B C, AGE: 42 YEARS, R/AT: No. 2443, 10TH MAIN, "D" BLOCK RAJAJINAGAR, 2ND STAGE BENGALURU NORTH BENGALURU - 560 010. ALSO AT: No. 2440, 10TH MAIN, "D" BLOCK RAJAJINAGAR, 2ND STAGE BENGALURU NORTH BENGALURU - 560 010. …RESPONDENT (VINAY J - SERVED) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30248 WP No. 25003 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 04/10/2023 ON IA No.4/2022 IN MC No.1926/2020 PASSED BY THE LEARNED III ADDL. FAMILY COURT AT BENGALURU VIDE ANNEXURE-F AND FURTHER REJECT THE IA No. 4/2022. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed on I.A.No.4 in MC No.1926/2020 dated 04.10.2023 whereby the court has granted the custody of the minor child on every Sunday between 11.00 a.m. to 04.00 p.m. the mother is before this Court. 2. Learned counsel appearing for the petitioner submits that mother is a Doctor and if every Sunday the time is given to the father, she would not be getting any time to spend with the child. As such, alternative Sundays may be granted to the father. In his contention learned counsel submits that, so far the father is only asking for his rights, but he is not paying any maintenance, he is not conscious of his duties and he is not paying any maintenance. - 3 - HC-KAR NC: 2025:KHC:30248 WP No. 25003 of 2023 3. Though notice is served on the respondent, there is no vakalath filed on his behalf. 4. Having heard the counsel for the petitioner, perused the material on record. 5. In all these visitation matters, weekly visitation is granted to the non-custodial parent. Otherwise, it would be very difficult for the non-custodial parent to develop the intimacy with the child. In all the cases, this Court is granting visitation on every week. The contention that on Sunday when the mother is working, visitation shall be on alternative Sundays. This submission this Court is not able to appreciate. The whole week the boy is with the mother and it is only one day that too duration of 11.00 a.m. to 04.00 p.m. is given to the father. This Court do not find any reasons to interfere. In the considered opinion of the Court, the Court had rightly granted the visitation. This Court has already issued suitable directions that whenever an IA is filed seeking maintenance and seeking visitation rights, it is always desirable that the Court shall dispose of both the applications so that one party is not left in complete frustration. If the father's application for - 4 - HC-KAR NC: 2025:KHC:30248 WP No. 25003 of 2023 visitation is allowed and the child is not granted maintenance it would be a reason that the mother will be denying the visitation and if the father is made to pay the maintenance and he is not given visitation he would be trying to evade payment of maintenance. Hence, when two applications are filed it is always desirable that the Court shall at a time dispose of these applications. In this case, IA for visitation is disposed of, but IA for maintenance is not heard by the Court. The Court shall dispose of this application within one month from the date of receipt of a copy of this order. In the light of the above discussion, this court finds no reason to interfere with the order impugned. Accordingly, the writ petition is disposed of. All I.As., in the petition shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE DKB List No.: 1 Sl No.: 15