- 1 - HC-KAR NC: 2025:KHC:43531 WP No. 3300 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 3300 OF 2023 (GM-FC) BETWEEN: 1. SRI AMITH R REDDY S/O.B.C.RAMACHANDER REDDY, AGED ABOUT 36 YEARS, RESIDING AT NO.7, 1STC MAIN ROAD, OMBR LAYOUT MAIN ROAD, DODDA BANASWADI, BENGALURU-560043. …PETITIONER (BY SRI. MANJUNATH N., ADVOCATE AND SRI. BRIJESH M. SINGH, ADVOCATE) AND: 1. SMT ASHA L D/O LAXMIPATHI REDDY, AGED ABOUT 33 YEARS, RESIDING AT NO.42, BANDE BOMMASANDRA DODDA GUBBI POST, BIDARAHALLI HOBLI, BENGALURU-560077. …RESPONDENT (BY SRI. T. SESHAGIRI RAO, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43531 WP No. 3300 of 2023 THE ORDER DATED 04/02/2023 PASSED BY THE LD.IX ADDL. DIST. AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT AT BANGALORE, IN G AND W.C.NO.21/2019, WHEREIN THE TRIAL COURT REJECTED THE INTERLOCUTORY APPLICATION NO.6 FILED BY THE PETITIOENR UNDER SECTION 151 OF THE CPC, PRODUCED AS ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed aggrieved by the order dated 04.02.2023 passed on IA No.6 in G and WC No.21/2019 by the IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, whereby the Trial Court had rejected modification of the earlier orders passed on 17.11.2020, the father is before this Court. 2. The parties are referred to as the father, mother and child for the sake of convenience. 3. Initially, the petitioner has filed I.A.No.1 seeking interim absolute custody of the minor child that came to be dismissed by order dated 17.11.2020, whereby the Trial Court had rejected the request for the absolute custody and granted - 3 - HC-KAR NC: 2025:KHC:43531 WP No. 3300 of 2023 visitation to the father on the child's birthday at the mother's place and also made it clear that he shall not visit the mother's place before 10:00 a.m. and after 8:00 p.m. and he was prevented from taking the child out from the mother's house. The mother was directed not to prevent the father to visit the child during weekends and also on birthdays and the mother shall make necessary arrangements for the father to meet his child on such occasions and the mother shall also not prevent the father from giving any gift to the child during her birthday. 4. Then the father has filed I.A. No.4 seeking review of the said order, which came to be rejected by order dated 05.04.2021. Thereafter, the petitioner/father has filed I.A.No.6 to modify the order dated 17.11.2020 and grant visitation to the minor child from Friday to Sunday from 10:00 a.m. to 7:00 p.m. every week and also grant 30 minutes of video call with the child everyday in terms of the guidelines laid down by the High Court Of Karnataka in W.P.No.101082/2021 dated 09.08.2021. 5. The Trial Court has passed an order on 05.04.2021 rejecting I.A.No.4. Thereafter, I.A.No.6 is filed seeking - 4 - HC-KAR NC: 2025:KHC:43531 WP No. 3300 of 2023 visitation as stated above, wherein an interim arrangement has been made directing the mother to produce the child before the Doddagubbi Park opposite of Ds-Max Apartment, Bengaluru, as per the timings mentioned by the predecessor on every Saturday and Sunday for first three weeks of every month in the park. Further, on the last Saturday and Sunday of every month, the mother is permitted to produce the child before the Ovum Hospital, HRBR Layout, Bengaluru, till the hearing on I.A.No.6. Thereafter, the IX Additional District Judge, Bengaluru Rural, vide order dated 04.02.2023 dismissed I.A.No.6. 6. This matter came up before this Court on couple of occasions and there was no representation on behalf of the respondent. 7. Learned counsel appearing for the petitioner/father submits that the parties are settling the matter. Further, the parties are continuing with the said arrangement as per the interim order dated 22.04.2022. In fact on every date, the wife is getting the child to the father's place and the father is exercising the visitation. - 5 - HC-KAR NC: 2025:KHC:43531 WP No. 3300 of 2023 8. Learned counsel further submits that as there is no objection by the mother and as the said arrangement is going on from the year 2022 and in the light of the fact that the parties are settling the dispute, the writ petition may be disposed of by setting aside the impugned order except the prayer for exercising the visitation. 9. Inspite of repeated opportunities given to the respondent-mother, there is no representation on her behalf. Hence, this Court is inclined to consider the submissions made by the learned counsel for the petitioner/father and the material placed on record. 10. Having heard the learned counsel for the petitioner, perused the entire material on record. The petitioner/father is exercising visitation from the year 2021. It is the submission that the interim arrangement dated 06.06.2022 is going on comfortably and peacefully. The child is comfortable at the father's place. Considering the fact that, as per the submission of the learned counsel for the petitioner, child is comfortable with the father and also the mother is comfortable in getting - 6 - HC-KAR NC: 2025:KHC:43531 WP No. 3300 of 2023 the child to the father's house, this Court deems it appropriate to pass the following: ORDER (i) The order passed in I.A.No.6 in G and WC No.21/2019 dated 04.02.2023 passed by the IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, is set aside. (ii) The father is permitted to exercise the visitation as per the order dated 06.06.2022 passed by the Family Court. However, the place of visitation shall be at the father's place. (iii) Accordingly, the writ petition is disposed of. (iv) All I.As. in this petition shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE SJK List No.: 1 Sl No.: 5