- 1 - HC-KAR NC: 2026:KHC:33615 WP No. 16913 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA WRIT PETITION NO. 16913 OF 2026 (GM-FC) BETWEEN: MR. SANDEEP GUPTA S/O MR. SATISH AGED ABOUT 44 YEARS R/A B75, BEARYS ANUGRAHA, NO.18, PATEL H RAMAIAH ROAD, ADJACENT TO K.S.F.C LAYOUT, LINGARAJAPURAM, BENGALURU-560 084. …PETITIONER (BY SRI. KIRAN SEBASTIAN ROZARIO., ADVOCATE) AND: MRS. ANGELINA SANDEEP GUPTA D/O MR. VALERII AGED ABOUT 38 YEARS, R/O #A-502, SERNE, BRIDGE UTOPIA, SH-35, VARTHUR ROAD, BANGALORE-560 087 ALSO, AT. FLAT T202, PURVA PARK NO.53, MSO COLONY, COX TOWN, BENGALURU-05 …RESPONDENT (V/O DATED 03.07.2026 NOTICE TO RESPONDENT IS HELD SUFFICIENT) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO-A). TO CALL FOR Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33615 WP No. 16913 of 2026 THE RECORDS IN G AND WC NO. 217 OF 2025 ON THE FILE OF THE HONBLE I ADDL. PRINCIPAL JUDGE, FAMILY COURT AT BANGALORE AND B). TO SET ASIDE THE ORDER ON IA NO.06 DATED 17.03.2026 PASSED BY THE HONBLE I ADDL. PRINCIPAL JUDGE, FAMILY COURT AT BANGALORE IN G AND WC 217/25 VIDE ANNEXURE -A BY ISSUING A WRIT IN THE NATURE OF CERTIORARI AND TO PASS APPROPRIATE ORDERS GRANTING INTERIM CUSTODY OF THE MINOR CHILD TO THE PETITIONER OR TO PASS ANY OTHER ORDERS OR WRITS AS THIS HONBLE COURT MAY DEEM FIT TO ISSUE IN THE CIRCUMSTANCES OF THE CASE. THIS PETITION HAVING BEEN HEARD AND RESERVED ON 03.07.2026 COMING ON FOR PRONOUNCEMENT OF ORDER THIS DAY, P SREE SUDHA J., MADE THE FOLLOWING: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA CAV JUDGMENT This writ petition is filed against the order dated 17.03.2026 passed on I.A. No.VI in G & WC No.217 of 2025 by the I Additional Principal Judge, Family Court, Bengaluru. 2. G & WC No.217 of 2025 is filed by respondent herein (wife) for declaring her as permanent custodian of the minor child Master Aryan Gupta. In the said case, the petitioner - 3 - HC-KAR NC: 2026:KHC:33615 WP No. 16913 of 2026 herein (husband) filed I.A. No.VI for interim custody of the minor child. It is stated in the I.A. that the wife was using inappropriate filthy language in front of the child and consuming alcohol and narcotics and smoking tobacco in his presence. She is of questionable character and it is unhealthy for the growth of the child. It is further stated that in August 2024, wife threatened that she will take the minor child to United Kingdom or Italy permanently, and thus, the husband sought for interim custody of the child during the pendency of the guardian proceedings. Respondent herein (wife) in the said I.A. stated that petitioner (husband) is not involved in any day today activities of the minor child. Her husband is suffering from psychological disorder, bipolar tendency. As such, she shifted her residence to escape from the mental harassment and he was consistently tarnishing her reputation by making false allegations. He failed to contribute to the basic needs of the child and also threatened to stop the monthly maintenance unless the child was forced to visit him. She has no intention to leave the country either for herself or for the child. Her husband has poor mental health, violent behaviour and unfit to - 4 - HC-KAR NC: 2026:KHC:33615 WP No. 16913 of 2026 take care of the child and thus, requested to dismiss the application. 3. Initially, the petitioner herein (husband) filed MC No.3993 of 2024 for judicial separation and respondent herein (wife) filed M.C. No.3551 of 2023 seeking dissolution of marriage. Later, they entered into mutual memorandum of settlement on 12.07.2024 and agreed for the custody of the minor child jointly with the mother and father. It was agreed that mother will have custody of the child from Monday to Friday and the father will have custody of the child during weekends. Later, respondent-wife filed aforementioned G & WC claiming her to be the sole guardian of the minor child and also a direction to the petitioner (husband) to hand over all identity cards of the minor child and to restrain him from taking away the child. It was further stated that conciliation was conducted in the chambers on 06.12.2025. The child was studying in second standard and refused to go with petitioner (husband) as he hit the child. Hence, the Family Court observed that the visitation rights granted under the joint settlement is not challenged by either of the parties and the - 5 - HC-KAR NC: 2026:KHC:33615 WP No. 16913 of 2026 said application filed by the petitioner (husband) for interim custody of the minor child was rejected. 4. Aggrieved by the said order, this writ petition is preferred by the petitioner herein (husband) in which it is mainly contended that both of them met each other in August 2014 at an exhibition. Respondent herein (wife) is originally from Ukraine and petitioner is an Indian citizen. With the consent of families of both parties, they married. They performed marriage in Goa. In the year 2018, respondent-wife obtained her Overseas Citizen of India (OCI) card by using the address of petitioner-husband. The child was born on 06.01.2018 and presently, he is aged 8 years. The petitioner- husband assisted the respondent-wife in pursuing certification courses, developing and maintaining her professional website, undertaking promotions and marketing activities for her online work and also provided financial support. It is further contended that in the year 2019, when respondent-wife started earning the substantial income, her behaviour towards him changed drastically. In July 2023, due to the serious matrimonial risks and incompatibility, the respondent-wife left - 6 - HC-KAR NC: 2026:KHC:33615 WP No. 16913 of 2026 home without the knowledge, consent or intimation to the petitioner-husband. On 01.11.2023, the respondent-wife filed a complaint against petitioner-husband under Section 498A of IPC before Banaswadi police station. She also shifted her residence to Purva Park Society, which is at a distance of 3 kilometres from the residence of husband. Several litigation were filed between both sides. MC No.3551 of 2023 is filed by respondent-wife for dissolution of the marriage and petitioner- husband filed MC No.3993 of 2024 for judicial preparation. The husband also filed G & WC No.392 of 2023 seeking custody of the child, and also filed multiple criminal complaints and proceedings against them. During the pendency of proceedings, in April 2024, the parties were referred to medication in M.C. No.3994 of 2024 to amicably resolve the disputes between them, particularly in the welfare and best interest of the minor child. However, on 12.07.2024, both the parties entered into a settlement agreement. The said settlement agreement agreed between both the parties, was accepted and the order was granted for judicial separation on 07.08.2024 and decree drawn on 29.08.2024. - 7 - HC-KAR NC: 2026:KHC:33615 WP No. 16913 of 2026 5. It is contended by the petitioner-husband that respondent-wife failed to comply with the terms of settlement. She warned the school authorities not to permit the petitioner to meet the child. As the respondent-wife is originally from Ukraine, she fraudulently obtained various documents including passports and OCI cards, whereas the minor child is a citizen of India by birth. The respondent-wife has herself stated that she has no intention of renewing her OCI card and plans to rely on temporary visas to enter India. This clearly shows her intention to permanently remove and eliminate the child from the life of the petitioner-husband. It is further contended that petitioner- husband visited the child on 04.04.2026 and respondent-wife obstructed him and prevented him from meeting the child. Hence, he lodged NCR No. 228 of 2026 before Varthur police station on the same day. But the Family Court failed to consider all these aspects. As such, he preferred this writ petition. 6. Admittedly, the petitioner-husband has filed three different passports obtained by respondent-wife in different names and also filed photographs to show her personal life. He further stated the attendance of the child is approximately - 8 - HC-KAR NC: 2026:KHC:33615 WP No. 16913 of 2026 77.5% during the relevant period and stated that she was taking away the child without his knowledge during weekends and upbringing him in unhealthy environment. 7. The petitioner served hand summons on the counsel of respondent on record on 09.06.2026 and on 17.06.2026 and also filed a memo to that effect. There is no representation either by the respondent-wife or by her counsel. Heard the arguments of learned counsel for the petitioner. 8. As paramount consideration for the Court is the welfare of the minor child, this Court finds that it is just and reasonable to grant interim custody of the minor child to the petitioner-husband for the period during the pendency of G & WC No.217 of 2025. This Court also finds that the order dated 17.03.2026 passed by the Family Court on I.A. No.VI filed by the petitioner-husband is not on proper appreciation of the facts and is liable to be set aside. 9. In the result, this petition is allowed by setting aside the order of the I Additional Principal Judge, Family Court, Bengaluru, passed on I.A. No.VI in G & WC No.217 of 2025 - 9 - HC-KAR NC: 2026:KHC:33615 WP No. 16913 of 2026 dated 17.03.2026. The respondent-wife is directed to hand over the child to the petitioner-husband within 10 days from the date of this order. Compliance is to be filed before the Family Court. Sd/- (P SREE SUDHA) JUDGE CS CT:NR List No.: 1 Sl No.: 30