- 1 - HC-KAR NC: 2026:KHC:14796 WP No. 18686 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 18686 OF 2024 (GM-FC) BETWEEN: NAVEEN KISHOR H., S/O HANUMANTHA NAYAK AGED ABOUT 42 YEARS R/O NO IYNANAHALLI CHIKKAJAJURU POST, HOLALKERE TALUK CHITRADURGA DISTRICT- 577 526 …PETITIONER (BY SRI. SYED AKBAR PASHA, ADVOCATE) AND: BAGIBAI D.R., D/O LATE RAMANAIKA AGED ABOUT 41 YEARS, R/O SADANA NILAYA GIRINAGARA HOSABADAVANE RAMANAHALLI CHIKKAMAGALURU TOWN -577 101 …RESPONDENT (BY SRI. M.VINAYA KEERTHY, ADVOCATE) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE APPROPRIATE WRIT MODIFYING THE IMPUGNED ORDER PASSED BY THE LEARNED II ADDL. PRINCIPAL JUDGE FAMILY COURT MYSURU COMMON ORDER PASSED ON IA NO. 15 AND IA NO. 27 DATED 13/03/2024 WHICH IS PRODUCED AT ANNEXURE-E AND FURTHER PLEASE TO DIRECT THE RESPONDENT TO BRING THE 2ND CHILD MASTER ARVIN TO Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14796 WP No. 18686 of 2024 CHIKKAMAGALURU DISTRICT LEGAL SERVICE AUTHORITY INSTEAD OF MYSURU DISTRICT LEGAL SERVICE AUTHORITY ACCOMMODATE TO MEET THE PETITIONER. THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED ON 08.07.2025, COMING ON FOR PRONOUNCEMENT OF ORDER THIS DAY, THE COURT PRONOUNCED THE FOLLOWING: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CAV ORDER Aggrieved by the order passed in I.A.Nos.XV and XXVII in MC.No.284/2021 dated 13.03.2024 by the II Additional Principal Judge, Family Court, Mysuru, whereby the Family Court had permitted the father and the grandparents to exercise visitation at Mysuru, the petitioner/father is before this Court. 2. The parties are referred to as father and mother for the sake of convenience. 3. It is the case of the father that the father is working in Davanagere and the mother is working in Chikkamagaluru. For exercising visitation, the father has to go to Mysuru which is 250 kilometres away. Initially, the father had filed MC.No.284/2021 seeking divorce before the Family Court at Mysuru and the mother had raised an objection that as she is - 3 - HC-KAR NC: 2026:KHC:14796 WP No. 18686 of 2024 residing in Chikkamagaluru, the petition filed before the Family Court at Mysuru is not maintainable. It is stated by the father that if the place of visitation is in between the place where the mother and the father are residing, preferably Hosadurga, it would be convenient for both the parties. 4. It is the case of the mother that considering the conduct of the father and the different cases that are registered and considering the threat to the father, the Family Court had directed the parties to have visitation at Mysuru. It is submitted that in the interest of the mother as well as the child, the father can exercise the visitation at Mysuru and the order passed by the Family Court is a well-considered order. 5. This Court by order dated 16.09.2025 had passed an order observing that the mother is working in Chikkamagalur and the father is working in Davanagere. The father has to travel 250 kilometers and the mother has to travel 160 kilometers to go to Mysuru to exercise visitation. This Court has taken note of the submission of the counsel for the mother and the apprehensions. As the visitation has to happen frequently, travelling 250 Kilometers or 160 kilometers and going to - 4 - HC-KAR NC: 2026:KHC:14796 WP No. 18686 of 2024 Mysuru is not in the interest of both the parties. Accordingly, this Court had directed that that the visitation shall be exercised as per the order of the Family Court at Hosaurga in the court premises as per the duration mentioned by the Family Court. 6. When the matter came up for hearing, it is submitted by the learned counsel that the father is comfortable with the visitation and the same may be continued. The mother had filed I.A.No.1/2026 seeking modification of the interim order passed by this Court dated 16.09.2025 and 13.11.2025. In the affidavit, it is stated that out of three visitations, the father has only come for one visit and he was absent for two visiting days. It is stated that the mother is presently residing at Chikkamagaluru and it is around 103 kilometers from Hosadurga Court. It is a travel burden to the minor child by changing three to four buses because of limited buses in Chikkamgaluru to Hosadurga. It is submitted that the father is presently residing and working at Channagiri and it is around 70 kilometers from Hosadurga Court. Even then he is not complying with the Court order. The visitation at Chikkamagalur is not in the interest of both the mother and - 5 - HC-KAR NC: 2026:KHC:14796 WP No. 18686 of 2024 child. It is stated that Kadur is midpoint place between both parties. Kadur is about 55x2 = 110 km from Channagiri and around 50x2 = 100 km from Chikkamagaluru. At Kadur, both the parties have more bus facilities and also it is in the best interest and welfare of the child. Hence, in the interest of both the parties and the minor child, the father may be directed to exercise the visitation at Taluk Legal Service Authority at Kadur Court. Accordingly, it is prayed that the order dated 16.09.2025 and 13.11.2025 may be modified. 7. Having heard the learned counsels on either side, perused the entire material on record. Considering the submission of the mother that visitation at Chikkamagalur is not convenient and it is not in the interest of the child, this Court had directed the father to exercise visitation at Hosadurga. According to the mother, to reach Hosadurga, she is travelling 103 kilometers to and fro i.e., 206 kilometres, whereas if it is Kadur, it is 55 kilometres from Channagiri and around 50 kilometres from Chikkamagalur i.e., 110 kilometres for the father and 100 kilometres for the mother. Considering the fact that the father has to travel 206 kilometres and the mother along with the child has to travel 140 kilometres for - 6 - HC-KAR NC: 2026:KHC:14796 WP No. 18686 of 2024 visitation at Hosadurga, whereas if it is Kadur, the father has to travel 110 (55x2) kilometres and the mother has to travel 100 (50x2) kilometres. Considering the convenience of the child and also balancing the interest of the parents, this Court deems it appropriate to pass the following order: ORDER i. The order passed in I.A.Nos.XV and XXVII in MC.No.284/2021 dated 13.03.2024 by the II Additional Principal Judge, Family Court, Mysuru, is modified. ii. The petitioner/father can exercise the visitation at the Taluk Legal Service Authority (TLS office) at Kadur Court as per the conditions imposed by the Family Court. iii. Accordingly, the writ petition is disposed of. iv. All I.As. in this petition shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 1