Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 91657 (KAR)

SMT BHAVANI T v. SRI RAKESH KUSAGUR

WP/30072/2025 · 2025-10-15

Lalitha Kanneganti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:41011 WP No. 30072 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 30072 OF 2025 (GM-FC) BETWEEN: SMT BHAVANI T W/O RAKESH KUSAGUR, AGED ABOUT 28 YEARS, R/AT NO. 805/2B, PISALE COMPOUND, NEAR GULLAMMA TEMPLE, P B ROAD, DAVANAGERE- 577002 …PETITIONER (BY SRI. HIREMATHAD MAHESHIAH RUDRAYYA, ADVOCATE) AND: SRI RAKESH KUSAGUR S/O SUBHASCHANDRA KUSAGUR AGED ABOUT 37 YEARS, R/AT 3RD MAIN, 3RD CROSS, VIDYA NAGAR, B BLOCK, HARIHARA, DAVANAGER DISTRICT- 577501 …RESPONDENT (BY SRI. ANIL R., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE ORDER PASSED BY THE LEARNED JUDGE, FAMILY COURT DAVANAGERE ON IA NO. 6 IN G AND WC -10/25 DTD 23.09.25 PRODUCED AT ANNX-A, AND PRAY FOR PASSING ANY SUCH OTHER ORDER IN VIEW OF THE FACTS AND CIRCUMSTANCES OF THE CASE. 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:41011 WP No. 30072 of 2025 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in I.A.No.VI in G and WC.No.10/2025 dated 23.09.2025 by the Judge, Family Court, Davanagere whereby Family Court had directed the mother to handover the custody of the minor son at 10 a.m. on 02.10.2025 to 12.10.2025 till 7.00 p.m. The father was directed to take custody of the child at 10 a.m. on 02.10.2025 and hand over the child to the mother at 7.00 p.m. on 12.10.2025, the mother has come up before this Court. 2. This Court had passed an order that the respondent/father shall forthwith transfer an amount of Rs.50,000/- to the bank account of the petitioner/mother towards educational expenses of the minor son. The payment of the said amount is without prejudice to the rights and contentions of the parties in all matters. The petitioner/mother shall handover the custody of the minor son to the father on 02.10.2025 at 10.00 a.m. and he shall return the custody of the minor son to the petitioner/mother on 10.10.2025 at 7.00 - 3 - HC-KAR NC: 2025:KHC:41011 WP No. 30072 of 2025 p.m. The respondent/father will not be entitled to visitation rights on 11.10.2025 and 12.10.2025. Both the parties shall not in any manner prejudice the mind of the minor son with regard to the other parent during the time when the child is in their custody. 3. Learned counsel appearing for the respondent/father submits that he had already transferred an amount of Rs.50,000/- to the mother. 4. Learned counsel appearing for the petitioner/mother submits that when the father was exercising the visitation, mother was not permitted to have a conversation with the son which is denied by the learned counsel appearing for the respondent/father. 5. Considering the fact that already the order passed by the Family Court is modified by this Court and the parties have exercised the visitation, this Court do not want to go into any other submissions that are made. Accordingly, this Court is passing the following: - 4 - HC-KAR NC: 2025:KHC:41011 WP No. 30072 of 2025 ORDER i. The writ petition is disposed of in the light of the arrangement that is going on between the parties. ii. All pending I.As shall also stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ List No.: 3 Sl No.: 18