- 1 - HC-KAR NC: 2025:KHC:31406 WP No. 16994 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 16994 OF 2024 (GM-FC) BETWEEN: SMT. CHAITRA G.N. D/O LATE G.C. NAGABHUSHAN W/O R.ABHILASH KUMAR AGED ABOUT 36 YEARS R/AT KARIKALDODDI VILLAGE VANDARAGUPPE DAKHLE, KASABA HOBLI, CHANNAPATNA TALUK RAMANAGARA DISTSRICT-562 160 …PETITIONER (BY SRI. VIJAY SHETTY B., ADVOCATE) AND: SRI. R. ABHILASH KUMAR S/O B.T.RAVIKUMAR AGED ABOUT 36 YEARS R/AT NO.1620, CHIKKEGOWDARA STREET 13TH CROSS, MANGALAVARAPETE, CHANNAPATNA TOWN, RAMANGARA DISTSRICT- 562 160 …RESPONDENT (RESPONDENT SERVED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER PASSED IN M.C.NO. 27/2022 DATED: 25.04.2024 ON I.A. NO. 2 FILED BY THE RESPONDENT UNDER SECTION 26 OF THE HINDU MARRIAGE ACT, 1956 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, FOR THE INTERIM CUSTODY OF MINOR CHILD AYUSH KUMAR A VIDE ANNEXURE-D AND THEREBY DISMISS THE SAID APPLICATION FILED BY THE RESPONDENT BY DIRECTING THE RESPONDENT TO SEEK HIS REMEDY ELSEWHERE. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31406 WP No. 16994 of 2024 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 ORAL ORDER Aggrieved by the order passed in I.A.No.2 in M.C.No.27/2022 dated 25.04.2024 by the Senior Civil Judge and JMFC, Channapatna, whereby the Trial Court had granted visitation rights to the father on all Saturdays and Sundays and also during vacation, the mother is before this Court. 2. The parties are referred to as father and mother for the sake of convenience. 3. Learned counsel appearing for the petitioner/ mother submits that the Trial Court has mentioned that the child has to be given back to the mother within 07.00 p.m. of every Saturday and Sunday, but the Trial Court has not mentioned about how the visitation has to go. It is submitted that when the order is passed, the boy was 3 years old and now he is 6 years old, he has the school and other activities. If on both the days the custody is given to the father, it would be difficult. Then with regard to the vacation, though the Trial - 3 - HC-KAR NC: 2025:KHC:31406 WP No. 16994 of 2024 Court has observed about the vacation, there is no clarity, only it is ordered that the parties are at liberty to decide the visitation right during vacation, it would unnecessarily cause disturbance between the parties. 4. As per the order passed by this Court on 15.07.2024, the learned counsel for the petitioner has served the notice on the learned counsel appearing for the respondent before the Trial Court and filed a memo to that effect, no vakalath filed on behalf of the respondent. 5. Having heard the learned counsel appearing for the petitioner, perused the material on record. Both the parties are staying in Mandya. The Trial Court had granted the visitation on every Saturday and Sunday. This Court finds force in the argument of the learned counsel for the petitioner/mother that if on two days the father is permitted to have the visitation, it would be difficult for the mother to take care of the minor’s homework and other things and also with regard to the summer vacation, the Trial Court should have clarified. Considering the welfare of the child, the convenience of the - 4 - HC-KAR NC: 2025:KHC:31406 WP No. 16994 of 2024 parents and balancing the interests of both the parties, this Court is passing the following: ORDER i. The father can have the visitation on every Sunday. The father shall pick up the child at 10.00 am., from the mother’s place and drop him back at 7.00 pm. ii. As far as the vacations are concerned, both the mother and the father can have 50% of the vacation each and the first part of the vacation should be with the father. iii. During the 50% of vacation granted to the father, he can pick up the child at 10.00 am and drop him back at the mother’s place at 7.00 pm. iv. Accordingly, the writ petition is disposed of. v. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN/List No.: 2 Sl No.: 36