- 1 - HC-KAR NC: 2025:KHC:39106 WP No. 20932 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 20932 OF 2025 (GM-FC) BETWEEN: 1. MR. ANUJ AGARWAL S/O LATE. RAJ NARAIN AGARWAL AGED ABOUT 44 YEARS RESIDING AT TOWER 4A, FLAT-902, BELLARY ROAD NEAR MANIPAL HOSPITAL, HEBBAL, BENGALURU KARNATAKA - 560 024. …PETITIONER (BY SRI. HEMANTH FOR MS.GEETHA DEVI M P.,ADVOCATE) AND: 1. MRS. KAVITHA KANNAN W/O MR ANUJ AGARWAL, D/O MR.SRI.K.KANNAN, AGED ABOUT 44 YEARS, RESIDING AT FLAT NO. 1074, SHOBHA CITY, MYKONOS FLAT, R.K. HEGDE NAGAR, THANISANDRA MAIN ROAD, BENGALURU- 560077 …RESPONDENT (BY MS. RACHANA M FOR SRI. KAPIL DIXIT., ADVOCATE) THIS WP IS FILED PRAYING TO A) CALL FOR THE RECORDS IN G AND WC NO.3477 OF 2025 ON THE FILE OF THE V ADDITIONAL Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39106 WP No. 20932 of 2025 PRINCIPAL JUDGE, FAMILY COURT, BENGALURU B) TO MODIFY THE ORDER DATED 24-06-2025 ON IA.NO.3 IN G AND WC.NO.477 OF 2024 ON THE FILE OF THE V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU AT ANNEXURE-A AND GRANT OVERNIGHT ACCESS OF THE MINOR CHILD TO THE FATHER EVERY WEEK FROM FRIDAY EVENING TO SUNDAY EVENING AS SOUGHT FOR IN I.A.NO.3 C) COST OF THE WRIT PETITION GRANT AN INTERIM ORDER TO GRANT VISITATION RIGHTS TO THE FATHER EVERY WEEK FROM FRIDAY EVENING TO SUNDAY EVENING, PENDING DISPOSAL OF THE ABOVE WRIT PETITION. 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 in I.A.No.3 in G & WC.No.477/2024 dated 24.06.2025 by the V Additional Principal Judge, Family Court, Bengaluru whereby the Family Court had permitted the father to visit the child from 10.00 a.m. to 1.00 p.m. on every Sunday near the house of the wife and in presence of the wife, the husband is before this Court. 2. The family Court has observed that the father can talk to the son for 5 to 10 minutes every day between 7.30 p.m. to 8.00 p.m. either through video or audio calls till the disposal of - 3 - HC-KAR NC: 2025:KHC:39106 WP No. 20932 of 2025 the petition. Father was directed not to give objectionable food, which is harmful to the health of the son and he shall not cause any inconvenience to the child during the visitation. It is also directed to both the parties to maintain peace and harmony. 3. Learned counsel appearing for the petitioner/father submits that they were separated from December, 2024, till that time father was sharing good bonding with the child. Now they are staying within 10 km. Considering the age of the boy, it is submitted that the Family Court ought to have granted over night visitation. Further, visitation that is granted is for a short period that too in the presence of the mother. It is submitted that the Family Court ought to have taken into consideration that the boy needs to develop bonding with the father. Unless and until the sufficient time is given, in view of the strained relationship between the parents it is not possible. The Family Court failed to appreciate this aspect. It is submitted that even in ensuing Dasara Vacation, 2025, father may be granted daily visitation of the child. - 4 - HC-KAR NC: 2025:KHC:39106 WP No. 20932 of 2025 4. Learned counsel appearing for the respondent/wife submits that the father in course of visitation instead of trying to develop bonding with the child, he is trying to feed the child with unnecessary information and also trying to find fault with the mother which is not in the interest of the child. Considering all these aspects, the Family Court had rightly not granted the over night custody of the child to the father. He is not entitled for the same. The arrangement that is made is well considered and the Courts has to take the things forward, when it comes to the matters pertaining to the custody and visitation. Otherwise, it will have a physiological effect on the child. 5. Having heard learned counsels on either side, perused the materials on record. This Court has interacted with the mother, father and child on 18.09.2025 and an order is passed by this Court on 23.09.2025 which reads as under : “This court had interacted with the parties and also instructions are placed by the learned counsel appearing for the mother, that the boy is having exams from 25th September, 2025. The court has observed that the body is comfortable However it is the with both the mother and the father. complaint of the mother that father is feeding him with un-necessary things and he is trying to the portray that because of the mother all these issues come up and in that regard a affidavit - 5 - HC-KAR NC: 2025:KHC:39106 WP No. 20932 of 2025 is filed. Learned counsel for the father submits that they will come up with objections to same. It is submitted that father is not indulging in any of those activities as stated by the mother. It is submitted that as the boy is comfortable the visitation shall be granted without the presence of the mother so that the father would be able to spend some good time with the child. Considering the fact the child is completing his exams on 25th September 2025, on the same day at 6.00 p.m. the father hall pick up the child from the residence of the mother and drop him back at 9.00 p.m. List this matter on 26.09.2025. Basing on how the visitation went on further orders will be passed. It is made clear that father shall concentrate on building attachment with the child”. 6. Today, it is submitted by the learned counsel appearing for the petitioner/father submits that the visitation went on well. Learned counsel appearing for the respondent, though not pointed out any serious concern about the visitation, however, she has raised before this Court certain issues which are not relevant for consideration while granting visitation. Considering the fact that both the parents were living together till December, 2024. Considering the interest of the child and also balancing the interest of both the parties, this Court is passing the following: - 6 - HC-KAR NC: 2025:KHC:39106 WP No. 20932 of 2025 ORDER i. The order passed in I.A.No.3 in G & WC.No.477/2024 dated 24.06.2025 by the V Additional Principal Judge, Family Court, Bengaluru is modified. ii. On 2nd, 3rd, 4th, and 5th of the Dasara Vacation, 2025, the father can have the custody of the child between 10.00 am to 5.00 p.m. in the place which is convenient to the child and father. iii. The Family Court had granted visitation of the child on every Sunday between 10.a.m to 1.00 p.m. *On every Sunday the father can have visitation between 10.00 a.m. to 5.00 p.m. Whenever the mother wants to speak to the child, the father shall facilitate the same. iv. As directed in the last order, the father shall not discuss anything with regard to the mother and he shall keep the entire visitation for only developing the bonding with the child. v. If it comes to the notice of the Court that the father is feeding unnecessary information to the child that would be considered in passing further orders. * Corrected vide court order dated: 29/10/2025. - 7 - HC-KAR NC: 2025:KHC:39106 WP No. 20932 of 2025 vi. Accordingly, this writ petition is disposed of. vii. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ List No.: 1 Sl No.: 6