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2026 DAILYLAW 17837 (KAR)

NEHA. R v. MR. AMITH KUMAR. M

WP/15217/2026 · 2026-05-14

S R Krishna Kumar

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:24740 WP No. 15217 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MAY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 15217 OF 2026 (GM-FC) BETWEEN: 1. NEHA. R D/O. R.B.S. PILLAI @ RAMESH BABU AGED ABOUT 40 YEARS, RESIDING AT NO.152, SWAMIBHAVAN, JAWAN CROSS ROAD, PONEKKARA, AIMS P.O., EDAPPALLY, ERNAKULAM - 682041. …PETITIONER (BY MS. GLANCIA SHARAN DSOUZA.,ADVOCATE) AND: 1. MR. AMITH KUMAR. M S/O. R. MOHANDAS, AGED ABOUT 45 YEARS, RESIDING AT NO. 15, RAMALAYAM, JAGATH JYOTHI LANE, KENCHANPURA CROSS, BENGALURU 560056. …RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT TO FORTHWITH HAND OVER INTERIM CUSTODY OF THE MINOR CHILD, NAMELY MASTER GAUTHAM A VARMA TO THE PETITIONER PENDING DISPOSAL OF G AND W.C NO.02/2026 PENDING BEFORE THE FAMILY COURT AT BENGALURU, (VACATION COURT) AND ETC. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:24740 WP No. 15217 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition the petitioner seeks the following reliefs: "Wherefore, the petitioner most humbly prays that this Hon'ble Court may be pleased to: a) Issue an appropriate writ, order or direction directing respondent to forthwith hand over interim custody of the minor child, namely Master Gautham A Varma to the petitioner pending disposal of G and W.C No.02/2026 pending before the family court at Bengaluru, (Vacation Court); b) Direct respondent to cooperate in securing admission of the minor child in a suitable educational institution at Ernakulam and hand over all educational records, transfer certificate, identity documents, and other necessary records pertaining to the minor child; c) Restrain respondent from relocating the minor child outside Bengaluru or from taking any unilateral decisions affecting the education, custody, and welfare of the minor child pending disposal of the proceedings before the Family Court, Bangalore; d) Pass such other order or reliefs as this Hon'ble Court deems it in the facts and circumstances of the case in the paramount interest and welfare of the minor child." 2. Heard learned counsel for the petitioner and perused the material on record. - 3 - HC-KAR NC: 2026:KHC:24740 WP No. 15217 of 2026 3. The limited request of the petitioner in the present petition is that due to extraordinary/emergent circumstances, the petitioner has filed an interlocutory application in G & WC No.2/2026 seeking interim custody against the respondent, which is posted before the Family Court on 15.05.2026. It is submitted that the Family Court may be directed to dispose of the interlocutory application for interim custody, as expeditiously as possible. 4. Submission is placed on record. Petition stands disposed of directing the Family Court to pass appropriate orders on the application for interim custody filed by the petitioner within a period of one week from the date of receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE PKN List No.: 1 Sl No.: 102