- 1 - HC-KAR NC: 2025:KHC:36503 WP No. 12454 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 12454 OF 2024 (GM-FC) BETWEEN: SRI PALAKSHA B N., S/O NAGARAJU, AGED ABOUT 35 YEARS, RESIDING AT BIDARAKOTE VILLAGE, KOPPA HOBLI, MADDUR TALUK MANDYA DISTRICT- 571 401 …PETITIONER (BY SRI. RAJA L.,ADVOCATE) AND: SMT. RAJANI K.R., W/O SRI PALAKSHA B N D/O SRI RANGASWAMY K R AGED ABOUT 34 YEARS, PRESENTLY R/AT NO.1347, 21ST A MAIN, HSR LAYOUT, SECTOR 1, BENGALURU- 560 102. …RESPONDENT (BY SRI. GOPINATH K R., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 19.02.2024 IN I.A. NO.II IN G AND WC NO. 332/2022 ORDER PASSED BY THE IV ADDL. PRINCIPAL JUDGE FAMILY COURT, AT BENGALURU VIDE ANNX-G. 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:36503 WP No. 12454 of 2024 ORAL ORDER Aggrieved by the order passed in G & WC.No.332/2022 dated 19.02.2024 by the IV Additional Principal Judge, Family Court, Bengaluru, whereby Family Court directed the father to hand over the temporary custody of the minor child to the mother after completion of the academic year 2023-2024 i.e., after completion of his school examination if any if continued at Bidarakote, Mandya District from the month of April 2024, the father is before this Court. 2. The parties are referred to as husband and wife for the sake of convenience. 3. The father is staying in a village in Mandya District. His qualification is 10th standard and the mother's qualification is Engineering in Biotechnology and she is working in Bangalore and earning salary around an amount of Rs.80,000/- to Rs.90,000/-. In view of the disputes arose between the parties, the father had taken the child to the village and the boy is staying along with the grandparents. 4. This Court had interacted with the father, mother and the child. It is the case of the mother that from the last 6 - 3 - HC-KAR NC: 2025:KHC:36503 WP No. 12454 of 2024 months the boy is suffering with eye infection and it was not attended. The father is going around here and there and is completely not taking care of the child. It is the grandparents who are looking after the child and he is living in the village and the kind of education he is getting is also not in the interest and welfare of the child. When this Court had interacted with the child, this Court could see that he is having eye infection and it is persisting from a long time. The mother is more educated than the father, even on the financial aspect also, the mother is in a better position than the father. By all means, the welfare of the child is with the mother and considering all these aspects, the Family Court had rightly passed an order dated 19.02.2024 by giving the temporary custody of the child to the mother. 5. This Court had enquired the learned counsel appearing for the mother whether in the middle of the year i.e. in the month of September will he be getting an admission in the school. It is submitted that they had already approached the school and they are ready to take the child. Considering this, this Court exercising the parens patriae jurisdiction and looking at the ultimate welfare of the child, this Court is of the view - 4 - HC-KAR NC: 2025:KHC:36503 WP No. 12454 of 2024 that the Family Court had rightly considered all aspects and rightly granted the custody of the child to the mother and this Court do not find any reason to interfere with the said order. 6. Accordingly, the writ petition filed by the father is dismissed. i. The custody of the child shall be given to the mother within 1 week from today. ii. Within 1 week all the efforts shall be made by the mother to secure the seat in the school and he shall be admitted in the school immediately. iii. Immediately after the child is joined in the school, an affidavit shall be filed before the Family Court in that regard. iv. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ List No.: 2 Sl No.: 26