- 1 - HC-KAR NC: 2025:KHC-D:14208 WP No. 107807 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 107807 OF 2025 (GM-CPC) BETWEEN: SHRI. KUSHAGRA S/O. SUDHIR SINHA AGE: 41 YEARS, OCC: EMPLOYEE IN PVT. FIRM, R/O. H.NO.119, OLD AG COLONY, KADRU, RANCHI, BEHIND KADRU HANUMAN MANDIR, JHARKHAND-834002, TEMPORARY DRESS-FLAT NO.35, A WING MANGESH KRUPA APARTMENT, NANAWADI, DIST: BELAGAVI-590001. …PETITIONER (BY SRI. SAJID AHMED GOODWALA, ADVOCATE) AND: 1. MRS. MEENAXI W/O. KUSHAGRA SINHA AGE: 38 YEARS, OCC: PVT. SERVICE, R/O. FLAT NO.3, 2ND FLOOR, TRIDAL COMPLEX, MARUTI GALLI, BELAGAVI-590001. 2. MASTER NIRANJAN S/O. KUSHAGRA SINHA AGE: 04 YEARS, C/O. R/O. FLAT NO.3, 2ND FLOOR, TRIDAL COMPLEX, MARUTI GALLI, BELAGAVI-590001, NOW AT: 516/2, 1ST FLOOR, SHERI GALLI, BELAGAVI-590001. …RESPONDENTS Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14208 WP No. 107807 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER PASSED BY THE LEARNED I ADDL. PRINCIPAL JUDGE, FAMILY COURT, BELAGAVI IN G AND WC NO. 02/2024 BY ALLOWING THE I.A. NO.V DATED 27/06/2025 VIDE ANNEXURE-E, AND REJECT THE I.A. NO. V WITH RESPECT TO THE 1ST RESPONDENT, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel for the petitioner. 2. This petition is filed by the petitioner assailing the order dated 27.06.2025 passed on I.A.No.V under Section 151 of the Code of Civil Procedure, 19081, in G & WC No.2/2024 on the file of Family Court, Belagavi. The Trial Court permitted the respondent to file statement of objection after a delay of 240 days. 3. The petition is filed by the petitioner/father seeking custody of the minor child. Admittedly, the child is presently in the custody of the respondent/mother. 1 Hereinafter referred to as the ‘CPC’ - 3 - HC-KAR NC: 2025:KHC-D:14208 WP No. 107807 of 2025 4. This Court is of the view that the delay of 246 days can be condoned in the circumstances like this as the interest of the child is required to be taken into consideration, and the custody rights have to be adjudicated after considering the pleadings and evidence of both parties. 5. This Court does not find any reason to interfere with the impugned order, wherein the Family Court has exercised its discretion to condone the delay of 246 days in filing the statement of objection. 6. No ground is made out to interfere with the said order in exercise of jurisdiction under Article 226 of the Constitution of India. 7. Accordingly, the writ petition is dismissed. 8. Both parties shall co-operate for early disposal of the proceeding before the Trial Court. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP Ct:vh/List No.: 1 Sl No.: 21