- 1 - HC-KAR NC: 2025:KHC:32570 WP No. 23044 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 23044 OF 2022 (GM-FC) BETWEEN: SARALA NAGARAJ RAO D/O NAGARAJ P RAO, AGED ABOUT 44 YEARS, RESIDING AT 1127, 14TH CROSS, ESHWARA LAYOUT, INDIRNAGAR 2ND STAGE, BANGALORE -560 008. …PETITIONER (BY SMT.S.K.PRATHIMA, ADVOCATE) AND: SRINATH KESHAV S/O A.R.KESHAV, AGED ABOUT 44 YEARS, R/AT NO.406, 1ST CROSS, NEW DIAGONAL ROAD, JAYANAGAR 3RD BLOCK, BANGALORE-560 011. …RESPONDENT (BY SMT.LAKSHMI IYENGAR, SENIOR COUNSEL A/W SRI.N.GOWTHAM RAGHUNATH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE ORDER DATED 03.08.2022 ON INTERIM APPLICATION NO.10 IN G AND WC NO.253/2017 PASSED BY THE LEARNED IV ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU (ANNEXURE-D) AND IN TURN ALLOW INTERIM APPLICATION NO.10 (ANNEXURE-B) AS PRAYED FOR. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32570 WP No. 23044 of 2022 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the orders passed in I.A.No.10 in G& WC.No.253/2017 dated 03.08.2022 by the IV Additional Judge, Family Court, Bangalore whereby the court had dismissed the application filed by under Section 151 of CPC, is questioned before this court by the mother. 2. The respondent/father has filed the G & WC seeking custody of the child in that I.A is filed by the mother seeking a direction to the different clubs at Bangalore to produce and place on record the monthly club bills including detailed liquor bills from January 2014 till date. 3. Both the parties are referred to as wife and husband for the sake of convenience. 4. It is the case of the wife that husband is addicted to alcohol and he spends more time with the friends and that is not in the welfare of the child, hence the present application is filed. The family court by impugned order had dismissed the petition. While dismissing the petition the court had observed - 3 - HC-KAR NC: 2025:KHC:32570 WP No. 23044 of 2022 that in MC.No.1979/2016 where the wife is already granted divorce in that the wife had filed a similar application and that came to be dismissed by order dated 25.01.2021. In that the family court has held that summoning the bills relating to the liquor is not going to prove the petition averments as it is not a conclusive proof that the respondent alone consume the liquor purchased by him. The petition is filed under Section 7 of the Guardian and Wards Act seeking permanent custody of the minor child. It is the contention of the petitioner that the acts of respondent and his tortures and blatant disregard for human dignity/values, family life, welfare and upbringing of the minor child and his immoral way of life are detrimental to the upbringing of the minor child. While deciding the case of guardianship and the custody of the child, the family court felt that the welfare of the minor is superior to the rights of the parents. By summoning the monthly club bills with detailed liquor bills from 2014 will in no way prove the character of the respondent/father and the court also observed that already there is an observation in MC.No.1979/2016 that summoning the liquor bills will not prove the averments and it is for the parties to prove their case. Just father being addicted to alcohol - 4 - HC-KAR NC: 2025:KHC:32570 WP No. 23044 of 2022 or he being the member of the club or his stay in the hotel is not a fact which proves the rights of the parties. Apart from that, nothing is made out by the mother. It is submitted that the husband is addicted to alcohol and his addiction is in such a way that he loses his stability. Hence the family court felt that such an application is not necessary and there is no necessity to summon the documents and accordingly dismissed. 5. Learned counsel appearing for the petitioner/mother submits that as the husband is addicted to alcohol and after consuming the alcohol how his behavior is going to affect the child, the wife wants to demonstrate before the court as such the application is filed and the family court without considering the same had dismissed it. 6. Learned senior counsel appearing for the respondent/ father submits that in the M.C proceedings already such an application is filed and dismissed and the same has attained finality and it is submitted that it is barred by res-judicata. Further from the date of application till now the father has exercised the visitation rights several times and the application as filed it would not stand for scrutiny before this court. It is - 5 - HC-KAR NC: 2025:KHC:32570 WP No. 23044 of 2022 submitted that whether the custody of the child can be given to the father or the mother. What is the interest of the child will be decided by the court basing on several aspects, but not basing on the liquor bills, only to delay the proceedings this application is filed. 7. Having heard the learned counsels on either side, perused the entire material on record. The application that is filed before the court summoning several clubs and hotels to place the liquor bills is for the purpose of showing that husband consumes alcohol and it is not in the welfare of the child. No doubt earlier an application is filed and it is dismissed but that will not amount to a res-judicata in these proceedings where the earlier proceeding are matrimonial proceeding between the parties and here the dispute is altogether different and question of res- judicata will not arise. The reason for which she wanted those details to be summoned has no nexus with the present case and the family court had rightly considered and dismissed the petition this court finds no reasons to interfere. 8. Accordingly, this court is passing the following: - 6 - HC-KAR NC: 2025:KHC:32570 WP No. 23044 of 2022 ORDER i. Accordingly, the writ petition is dismissed. ii. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 25