- 1 - HC-KAR NC: 2025:KHC:39169 WP No. 16445 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 16445 OF 2024 (GM-FC) BETWEEN: ANURAG TYAGI S/O SHRI AVINASH CHAND TYAGI AGED ABOUT 47 YEARS, RESIDING AT FLAT NO.4094, PRESTIGE MISTY WATERS, NAGWARA BENGALURU -560 024 …PETITIONER (BY SRI. ARUN GOVINDRAJ, ADVOCATE) AND: SHONEZI KUMAR D/O SHRI VINOD KUMAR TYAGI AGED ABOUT 44 YEARS, RESIDING AT D.916, DIVYASREE77 PLACE, YEMALUR, BENGALURU -560 037 …RESPONDENT (BY SRI.RAJESH MAHALE, SENIOR COUNSEL A/W SRI.SAIGURU SHASHIKANTH KARKERA, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT TO HAND OVER INTERIM CUSTODY OF ZAARYAN AND PARIZARA TO THE PETITIONER EVERY WEEKEND BETWEEN 5 P.M ON FRIDAY AND 7 P.M. ON SUNDAY, DURING ALL FESTIVALS AND ON THE PETITIONER / HIS PARENTS AS ALSO THE MAENT INOR CHILDRENS BIRTHDAYS BESIDES INTERIM CUSTODY OF THE MINOR CHILDREN FOR 50 PERCENT OF ALL VACATIONS I.E. SUMMER, DASARA, DEEPAVALI AND WINTER, AND ALLOW THE PETITIONER FATHER ACCESS TO THE CHILDREN IN THEIR SCHOOL SO THAT HE CAN ATTEND SCHOOL FUNCTIONS AND PARENT MEETINGS IN THE BOTH Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39169 WP No. 16445 of 2024 THE CHILDRENS SCHOOLS AND CONTRIBUTE TO THEIR ACADEMIC DEVELOPMENT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The writ petition is filed seeking direction to the VI Addl. Principal Judge, Family Court, Bengaluru to dispose of I.A.No.2 in G & WC.No.341/2022 pending on its file and also a direction to the mother to hand over the interim custody of the children to the father on every weekend between 5.00 pm. on Friday and 7.00 pm. on Sunday, during all festivals and on the petitioner/his parents’ and also the minor children's birthdays; besides interim custody of the minor children for 50% of all vacations i.e., Summer, Dasara, Deepavali and Winter and allow the father’s access to the children in their school. 2. This Court had passed several orders and several arrangements were made. On 01.10.2024, this Court had passed an order, which reads thus: “i. Father can have the interim custody of the children from 04.10.2024 to 13.10.2024. Father shall pick up the children from the mother’s - 3 - HC-KAR NC: 2025:KHC:39169 WP No. 16445 of 2024 place on 4th October, 2024 at 3.00 p.m. and on 13th October, 2024 by 4.00 p.m. the children shall be dropped back at the mother’s place. ii. Without going into or considering any of the contentions raised on behalf of the parties the father shall pay an amount of Rs.2.00 lakhs to the mother as it is admitted fact that the father is taking care of the educational expenses of the children and paying rent to the house where mother and children are staying. On the next date of hearing parties are at liberty to advance arguments on the maintenance aspect and it will be considered. iii. It is submitted that the mother will be shifting to the premises where the rental expenses are lesser than Rs.1.00 lakh. iv. The father shall also search for a rental accommodation for himself which is nearer to the place where the school/mother is residing. v. During the period when the children are with the father, whenever the mother wants she can have audio/video call with the children at least once in a day.” 3. Leaned Senior Counsel appearing for the mother and the learned counsel appearing for the father submits that - 4 - HC-KAR NC: 2025:KHC:39169 WP No. 16445 of 2024 pending disposal of the G&WC. petition, both parties are happy with the arrangement made by this Court. 4. Having heard the Leaned Senior Counsel appearing for the mother and the learned counsel appearing for the father, perused the material on record. In addition to the arrangement that is made by this Court on 01.10.2024, this Court deems it appropriate to pass the following: ORDER i. When the children are in the custody of the other parent, on weekend, any day that is comfortable, the non-custodial parent is permitted to have access to the children. ii. As the mother wants to join the daughter in the same school where the son is studying. For that, the father is directed to sign the necessary documents and complete all the formalities and participate in the interview to be conducted by the school. iii. On all vacations, on all birthdays, festivals when the children are in the custody of one parent, the non-custodial parent is permitted to have - 5 - HC-KAR NC: 2025:KHC:39169 WP No. 16445 of 2024 the access on those particular days for some time. iv. On Choti Diwali, the mother can have the custody of the children. v. As the interim arrangement is already made by this Court, now it is left to the Family Court to decide the pending main G & WC. vi. In the light of the arrangement made by this Court on 01.10.2024 and in addition to the above clauses. The writ petition is disposed of. vii. All I.As., in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 28