- 1 - HC-KAR NC: 2025:KHC:29373 WP No. 2529 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30THDAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 2529 OF 2023 (GM-FC) BETWEEN: SMT.PUNAM MONDAL D/O SRI.SUBHAS CHANDRA MONDAL AGED ABOUT 42 YEARS R/AT SRK CORNER STONE PAPAIAH REDDY LANE, HAL 3RDSTAGE BHOOMI REDDY COLONY THIPPASANDRA BANGALORE -560 075 …PETITIONER (BY SMT.SHUBHA S., ADVOCATE) AND: SRI. INDRANIL BISWAS S/O SHIBA PRASAD BISWAS AGED ABOUT 48 YEARS R/O SMART ENCLAVE NO-4, 4THFLOOR, 8THMAIN THIPPASANDRA BANGALORE -560 075 …RESPONDENT (BY SRI.MANJUNATH.B.R., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA,PRAYING TO QUASH THE ORDERS DATED 12.11.2021 AND 07.01.2023 PASSED BY THE II ADDITIONAL PRINCIPAL FAMILY COURT, BANGALORE IN G AND WC 39/2021 AT ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, 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:29373 WP No. 2529 of 2023 ORAL ORDER The present writ petition is filed aggrieved by the order passed in IA No.2/2021 dated 12.11.2021 and 07.01.2023 in G and WC No.39/2021 passed by II Additional Principal Family Court, Bangalore, whereby Court had granted overnight custody to the father on 2ndand 4th Saturday with following Sunday i.e., between 10.00 AM on Saturday till 6.00 pm of Sunday the mother is before this Court. 2. Learned counsel appearing for the mother submits that the mother and child both of them have no difficulty in meeting the father, now the child is interested to go with his father. But on Saturdays and Sundays he has some classes and other activities the boy is not comfortable for overnight stay. As per the order passed by the Court, father is exercising the visitation on Saturday between 10.30 a.m. and 1.30 p.m. and that visitation is going on well and the boy is comfortable. Learned counsel submits that the same arrangement shall continue and the matter may be disposed off, by making the interim order absolute. 3. Learned counsel appearing for the mother further submits that there was an order by the Family Court to pay an amount of Rs.10,000/- to the child and also an undertaking by the father that he will pay the amount of Rs.10,000/- which he - 3 - HC-KAR NC: 2025:KHC:29373 WP No. 2529 of 2023 has failed to pay and the arrears according to the mother are a sum of Rs.3,00,000/- and odd. Learned counsel appearing for the mother further submits that there is a likelihood of settlement in fact the minor himself has initiated the negotiation. 4. Learned counsel appearing for the respondent/father submits that boy is comfortable, even the contention of the learned counsel for the mother supports the case of the father, it is submitted that now the boy is aged about 14 years and there cannot be any difficulty to the mother to give the overnight custody and both the father and the mother are residing close by. Evenif the boy has any other classes or any other activities the boy can go and if necessary, the father will take him. It is submitted that the Court considering all the aspects, had rightly granted overnight custody to the father. 5. Heaving heard the learned counsels on either side, perused the entire material on record. The reason that is submitted by the learned counsel for the mother, why the overnight custody is not permissible is that, the boy has activities and the boy and the mother are not comfortable. Just stating that the mother and son are not comfortable for overnight custody cannot be a ground for this Court to consider the said request. - 4 - HC-KAR NC: 2025:KHC:29373 WP No. 2529 of 2023 6. Both the parties are staying nearby, and it is stated that the boy goes on his own to the father. If there are any activities for the boy, the father is ready to support him on the weekends. In that case the mother and the child cannot raise the objection that they are not comfortable and that cannot be considered. In the considered opinion of this Court, the Family Court had rightly passed an order and it requires no interference from this Court. 7. When the G&WC No.39/2021 is filed by the father seeking custody and also seeking visitation, Court has granted visitation. The father apart from fighting for his rights also has a duty to take care of the child. When there is an undertaking before the Court that he would pay an amount of Rs.10,000/-, if he is not paying the amount as per the order of the Court and at the same time he wants orders from the Court, this kind of approach from the Litigant cannot be appreciated. The mother is at liberty to file an application under Section 151 CPC, and the Court shall consider the same and pass appropriate orders on the merits of it. Accordingly, this Court is passing the following: ORDER i. The writ petition is dismissed. - 5 - HC-KAR NC: 2025:KHC:29373 WP No. 2529 of 2023 ii. All I.As. in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SR List No.: 1 Sl No.: 41