- 1 - HC-KAR NC: 2025:KHC:28754 WP No. 22434 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 22434 OF 2022 (GM-FC) BETWEEN: SRI. VIJAY NARASIMHA AGED ABOUT 37 YEARS R/AT NO 172, 5TH MAIN 1ST CROSS, PIPELINE ROAD SOLLAPURADAMMA LAYOUT, SUNKADAKATTE BENGALURU – 560 091 …PETITIONER (BY SRI. KALYAN R., ADVOCATE) AND: SMT.NAYANA B.R. @ LAKSHMI AGED ABOUT 42 YEARS D/O RAMAKRISHNAIAH R/ATNO 12, 1ST MAIN, 1ST CROSS, PRIYADARSHINI LAYOUT VIJAYANAGAR BENGALURU – 560 094 …RESPONDENT (BY SRI.J.T.RAJAN, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 02.09.2022 ON I.A.NO.2 FILED U/S 12 OF THE G AND W ACTS IN G AND WC NO 48/2020 PASSED BY THE I ADDITIONAL PRINCIPAL JUDGE FAMILY COURT AT BANGALORE AS PER ANNEXURE-A TO THE WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28754 WP No. 22434 of 2022 ORAL ORDER Aggrieved by the order passed in I.A.No.II in G&WC.No.48/2020 dated 02.09.2022 by the I Additional Principal Judge, Family Court, Bengaluru, the petitioner/father is before this Court. 2. The parties are referred to as father and mother for the sake of convenience. 3. The father has filed I.A.No.II under Section 12 of G&WC Act seeking direction to the mother and for production of the minor child for his temporary custody or minor visitation rights on every Sunday. 4. The Family Court by way of impugned order had dismissed the application filed by the father. While dismissing the application, the Family Court had considered the memorandum of settlement filed before the Court in M.C.No.594/2018 between the parties dated 20.03.2019, particularly clause No.5 which reads as follows: “5. It has been agreed that a sum of Rs.3,00,000/ - (Rupees Three Lakhs Only) as permanent alimony and also maintenance with regard to the minor child who is in care and custody of the mother/petitioner and it has been agreed that the permanent custody of the child - 3 - HC-KAR NC: 2025:KHC:28754 WP No. 22434 of 2022 shall continue with the mother/petitioner. In case the child wants to see the respondent, the petitioner shall not object to the same.” 5. As per clause No.5, the father has completely given up his visitation as well as the custody rights and as per the same, whenever the child wants to see the father, the mother shall not object. Now, contrary to the terms and conditions agreed, the present application is filed seeking visitation and interim custody. Even the Court has interacted with the boy and the boy has said that he is not interested to see the father. The Court had rightly observed that in the light of the said memorandum of understanding, which has become final, basing on that, the divorce is granted and now, this application cannot be considered. 6. Learned counsel for the petitioner/father submits that the Family Court without granting visitation had dismissed the petition and the Family Court ought to have granted visitation considering the welfare of the child. 7. Heard the arguments of the learned counsel for the petitioner and also perused the order. The Family Court had rightly considered clause No.5 of the memorandum of - 4 - HC-KAR NC: 2025:KHC:28754 WP No. 22434 of 2022 settlement entered into between the parties in M.C.No.594/2018 and also had interacted with the boy. In those circumstances, the Family Court had rightly held that I.A.No.II that is filed cannot be entertained and dismissed the application. This Court finds no reason to interfere with the well considered order passed by the Family Court. Hence, this Court is passing the following order: ORDER i. Accordingly, the writ petition is dismissed. ii. All I.As. in this petition shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 19