- 1 - HC-KAR NC: 2025:KHC:39062 WP No. 23703 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. 23703 OF 2025 (GM-FC) BETWEEN: SMT. HARSHITA W/O. SRI. CHANNAKRISHNA. C, AGED 22 YEARS, R/AT NO. 25/2, 2ND CROSS, MARUTHINAGAR, HEGGANAHALLI, ANDRAHALLI MAIN ROAD, BENGALURU - 560 091. PRESENTLY AT NO.14, I CROSS, THYAGARAJANAGARA BANK ROAD, SRINIVASANAGAR, NEAR RAMA MANDIR TEMPLE, BANGALORE - 560 050. …PETITIONER (BY SRI. M.M. ASHOKA, ADVOCATE) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39062 WP No. 23703 of 2025 AND: SRI. CHANNAKRISHNA C S/O. CHANNAPPA, AGED ABOUT 30 YEARS, R/AT HARINIVAS, GANESH CIRCLE, K.G. LAKKENAHALLI CROSS, GANGONDANAHALLI, BANGALORE - 560 162. …RESPONDENT (BY SRI. NISHAD S.A, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNX-A IMPUGNED ORDER DATED 05/07/2025 PASSED BY THE II ADDL. PRINCIPAL JUDGE, FAMILY COURT, BANGALORE IN G AND WC NO. 163/2025 ON IA II BY MODIFYING THE INTERIM CUSTODY BY HANDING OVER THE FULL CUSTODY OF THE MINOR CHILD LISHANTH GOWDA BORN ON 18/05/2023 TO THE PETITIONER AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:39062 WP No. 23703 of 2025 ORAL ORDER Aggrieved by order passed in I.A.No.2 in G & WC.No.163/2025 dated 05.07.2025 by the II Additional Principal Judge, Family Court, Bengaluru whereby the Family Court had directed the father to handover the minor child to the interim custody of the mother on every Monday, Wednesday and Friday from 9.00 a.m. to 5.00 p.m till further orders, the mother is before this Court. 2. The mother has filed G & WC.No.163/2025 seeking interim custody of the minor child who is aged about 2 ½ years. 3. It is the case of the wife that the husband has threw her out of the matrimonial home on 12.04.2025 and started living separately. The husband had habit of scolding, shouting on her and her parents in very vulgar language and abused them to the maximum extent even if he sees their face. All these aspects had caused great mental cruelty on her and the minor child and causing a serious impact on the growing of the minor child. The father has no love and affection for the minor - 4 - HC-KAR NC: 2025:KHC:39062 WP No. 23703 of 2025 child and he is only trying to take away the minor child permanently with forceful and selfish goals. He never cared about the future of the minor child and he is trying to take revenge on her at the cost of the minor child's future and if this is allowed to happen, the innocent minor child will have to suffer its future which can cause irreparable loss and injury to her as a mother and natural guardian. It is stated that the father is also not taking proper care of the minor child's health. He was busy working at BESCOM as lineman. If the husband is allowed to continue with the custody of the minor child, he might not take care of the health of the minor child which may affect the growing child. 4. Objections have been filed by the father stating that she is not a fit and proper person to be appointed as guardian. When they were shifted into a rented house, he began receiving calls from the landlady that an unknown man was frequently visiting the premises during odd hours taking advantage of his work schedule. The wife allowed her paramour to visit the house. On 14.04.2025, on information of the landlady, he went to the house and she was caught with - 5 - HC-KAR NC: 2025:KHC:39062 WP No. 23703 of 2025 her paramour in the presence of jurisdictional police officials. It is stated that on the day the police visited, she had given a statement before the police that she is having illicit relationship with one Pavan and she handed over the child to the husband. 5. It is the case of the husband that the wife is having illicit relationship with another man and she had neglected the welfare of the minor child. On multiple occasions she left the minor child in care of the unrelated third parties and remained absent for extended periods. She is also involved in consumption of alcohol and other intoxicating substances in the company of her alleged paramour, demonstrating her in eligibility to be entrusted with the custody of the minor child. It is stated that when she was caught on 14.04.2024 in a compromising position with the paramour at the rented residence, shockingly the minor child was beside them. Such an immoral and indecent behavior in front of the minor child possesses serious threat to the child’s psychological and emotional well being. 6. The Family Court had observed that in matters of custody and visitation, welfare of the minor child is the - 6 - HC-KAR NC: 2025:KHC:39062 WP No. 23703 of 2025 paramount consideration. In this case there are allegations and counter allegations by both the parties. The statement of the parties before the police officials, whatsapp chats are placed before the Family Court. The photo’s of the wife and her alleged paramour as well as video in the pen drive is produced by the husband at pre-trial stage. The Family Court had held that all these things has to be proved at the time of the trial and passed the order whereby granting the interim custody of the minor child to the mother on every Monday, Wednesday and Friday from 9.00 a.m. to 5.00 p.m. 7. Learned counsel appearing for the petitioner/mother submits that the minor child is aged about 2 ½ years. Considering his tender age, the child custody shall be with the mother. According to them, when the boy came to the mother he was not in a good condition and he was having infection and the mother had taken him to the hospital. The father is not able to take care the minor child and the interest of the child is being with the mother. It is submitted that basing on the photographs, it cannot be said that she is a bad mother. All those photographs cannot be considered at this stage which is - 7 - HC-KAR NC: 2025:KHC:39062 WP No. 23703 of 2025 subject to proof. It is submitted that the custody of the minor child pending proceedings shall be given to the mother. 8. Learned counsel appearing for the respondent/father had reiterated the contentions that were raised before the Family Court and also drawn the attention of this Court to the statements made before the police and whatapp chats and submits that when they found her along with her paramour the minor child was next to them. It is submitted that when the mother is not taking any interest on the child, it is not in the well being of the child and the Family Court had rightly passed the order and no interference is called for. 9. Having heard the learned counsels on either side, perused the materials on record. This Court has perused the order as well as the photographs, the statements made before the police and whatsapp chats that are placed before this Court. As rightly argued by the learned counsel appearing for petitioner/mother, at this stage this Court cannot go into the genuiness of those photographs as they are subject to proof and can only be proved during the course of trial before the Family Court. However, looking at the photographs and - 8 - HC-KAR NC: 2025:KHC:39062 WP No. 23703 of 2025 whatsapp chats, this Court is only concerned with the welfare of the minor child, is of the view that giving custody of the minor child to the mother at this juncture is not in the interest of the child. Considering all these aspects, the Family Court had passed a balanced order and this Court do not find any reason to interfere. But as far as the order granting interim custody of the minor child on every Monday, Wednesday and Friday is concerned, as both the parties are staying at distance of 35 kms, it is not in the interest of the child to travel 35 kms for 3 days in a week. In that view of the matter, this Court is passing the following: ORDER 1. The interim custody of the minor child shall be handed over to the mother on every Monday, Tuesday and Wednesday. She shall pick up the child at 9.00 a.m. on Monday and drop him back at Wednesday at 5.00 p.m. 2. Accordingly, the order passed in I.A.No.2 in G & WC.No.163/2025 dated 05.07.2025 by the II - 9 - HC-KAR NC: 2025:KHC:39062 WP No. 23703 of 2025 Additional Principal Judge, Family Court, Bengaluru is modified. 3. Accordingly, the writ petition is disposed of. 4. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ List No.: 1 Sl No.: 7 CT: BHK