- 1 - HC-KAR NC: 2026:KHC:32805 WP No. 35311 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA WRIT PETITION NO. 35311 OF 2024 (GM-FC) BETWEEN: SRI. ARAVIND L HIPPARGI AGED ABOUT 43 YEARS S/O LATE SRI LAXMAN HIPPARGI, RESDIING AT NO. 2339 9TH MAIN ‘E’ BLOCK, 2ND STAGE RAJAJINAGAR BENGALURU-560 010. …PETITIONER (BY SRI. RAVI A. BELAGATTI., ADVOCATE) AND: SMT. AKSHATHA A HIPPARGI AGED ABOUT 37 YEARS C/O G V NANDKARNI W/O ARAVIN L HIPPARGI HOUSE NO. 90, 4TH CROSS SALI PLOT, PANCHAKSHARI NAGAR NAVANAGAR, HUBLI-580 025. …RESPONDENT (BY SRI. SHIVARAJ PATIL., ADVOCATE) THIS PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ALLOW THE WRIT PETITION BY SETTING ASIDE THE ORDER DTD. 12.12.2024 PASSED BY LEARNED VI ADDL. PRINCIPAL JUDGE, FAMILY COURT, BENGALURU ON IA NO.5 FILED BY THE RESPONDENT IN G AND WC NO. 378/2023 VIDE ANNX-H AND GRANT AN Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:32805 WP No. 35311 of 2024 INTERIM ORDER TO STAY THE IMPUGNED ORDER DTD. 12.12.2024 PASSED BY LEARNED VI ADDL. PRINCIPAL JUDGE, FAMILY COURT, BENGALURU ON IA NO.5 FILED BY THE RESPONDENT IN G AND WC NO. 378/2023 VIDE ANNX-H TILL DISPOSAL OF THE WRIT PETITION. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL ORDER This writ petition is filed praying to set aside the order dated 12.12.2024 passed by VI Additional Principal Judge, Family Court, Bengaluru, on I.A. No.5 in G & WC No.378 of 2023. 2. Petitioner-father of the minor children, aged 13 and 9 years respectively, filed the aforesaid G & WC appointing him as sole guardian and for permanent custody of the minor children. It is stated that the petitioner is taking care of the children from 2023 onwards. Later, he also filed divorce application and it is pending between the parties. It is stated that during the pendency of the G & WC, respondent-mother filed I.A. No.5 for interim custody/visitation rights of both the - 3 - HC-KAR NC: 2026:KHC:32805 WP No. 35311 of 2024 minor children on every weekend and also during vacation. The Family Court by the impugned order granted interim custody of children to the respondent-wife on the second and fourth Saturday and Sunday of every calendar month and also granted custody of the children during Dasara vacation and winter vacation for 5 days and summer vacation for 15 days. 3. Aggrieved by the said order, the petitioner-father of the minor children filed this writ petition and mainly contended that the children have a happy and close relationship with him, children have informed the Conciliator in Mahila Makkala Sahaya Vani, Bengaluru, that they will stay with him. The petitioner further stated that respondent-mother has informed him that, if he refuses to give the custody of the children, she will file false complaints against him. Respondent-mother gave a complaint to the Commissioner of Police for protection and under Section 498A of the Protection of Women from Domestic Violence Act. It is stated that both the children are male children, aged 13 and 9 years respectively and studying 9th class and 5th class in a reputed school. It is stated children are not happy and comfortable with the respondent-mother and - 4 - HC-KAR NC: 2026:KHC:32805 WP No. 35311 of 2024 they refuse to go with her. As such, she filed an application to pass an order by the Family Court. Even in the order of the Family Court, it was observed that children are happily spending 15 minutes' time with their mother, but they denied to go with their mother. As there is rift between both the parents, naturally, children will be reluctant to stay with the mother and moreover, their father is taking care of them and providing education and all other requirements. 4. Considering the ages of the minor children and also the fact that father is residing in Rajaji Nagar and mother is residing in Yelahanka, which is at a distance of 14 to 16 kilometres, this Court finds it reasonable to modify the order of the Family Court by granting custody of the minor children to the respondent-mother, once in a month i.e. on second Saturday and Sunday. The petitioner-father is directed to hand over the children in the house of their mother at Yelahanka at 10.00 a.m. and on Sunday evening by 06.00 p.m., respondent- mother is directed to hand over the children in the house of their father at Rajaji Nagar, so that the children can spend their - 5 - HC-KAR NC: 2026:KHC:32805 WP No. 35311 of 2024 quality time with mother in her house comfortably without interference of any other persons. 5. With the above modification, writ petition is disposed of. Sd/- (P SREE SUDHA) JUDGE CS CT:NR List No.: 2 Sl No.: 31