- 1 - HC-KAR NC: 2026:KHC:35237 WP No. 14338 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA WRIT PETITION NO. 14338 OF 2026 (GM-FC) BETWEEN: SMT. K. MAMATHA D/O SRI KRUPAL NARAYANAPPA W/O DINESH B AGED ABOUT 36 YEARS R/AT BASAVARAJ M BUILDING BOMMENAHALLI VILLAGE, MANDUR POST, BANGALORE RURAL, BANGALORE - 560 049. …PETITIONER (BY SRI. H.R NARAYAN SWAMY, ADVOCATE) AND: SRI. DINESH B., S/O SRI. BHOOPATHY T S, AGED ABOUT 39 YEARS, R/AT NO. 89, 1ST FLOOR, 2ND MAIN, BRINDAVAN ELITE, MANDURU VILLAGE, BIDARAHALLI HOBLI, BANALORE - 560 049. …RESPONDENT (BY SRI. SUBBA RAO G S.,ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:35237 WP No. 14338 of 2026 FROM HON BLE IV ADDL. PRL. JUDGE, FAMILY COURT BANGALORE RURAL, BANGALORE, IN G AND WC NO. 65/2025 AND ISSUE A WRIT IN CERTIORARI OR ANY OTHER APPROPRIATE ORDER, OR DIRECTION THEREBY QUASH AND SET ASIDE THE ORDER DATED 02/03/2026 PASSED BY THE VII ADDL. SENIOR CIVIL JUDGE AND JMFC, BENGALURU RURAL, BANGALORE, ON I.A NO.04 IN G AND WC NO. 65/2025 PRODUCED AT ANNEXURE- A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL ORDER This writ petition is filed by the mother against the order of the Family Court in IA No.IV in G & WC No.65/2025. 2. The father of the minor child aged 7 years filed G & WC No.65/2025 for permanent custody of the minor child. During the pendency of the application, he also filed an application seeking interim custody, but the trial Court considering the arguments of both sides granted visitation rights as follows: - 3 - HC-KAR NC: 2026:KHC:35237 WP No. 14338 of 2026 "The respondent is permitted for visitation of the child on every Sunday's from 10.00 a.m. to 6.00 p.m. The place of visitation shall be at any public place like any Mall, Restaurant and Park etc at Bengaluru on every Sunday's till disposal of the petition, except during exams. The respondent is also entitled to make video call every day in the evening from 7.30 p.m. to 8.00 p.m. from Monday to Saturday except during exams." 3. Aggrieved by the said order, the mother filed this writ petition. 4. Petitioner/mother submitted that her marriage with respondent was performed on 28.04.2013 and from the said wedlock she gave birth to a female child on 16.03.2019. It is stated that respondent is habitual to alcoholism. Therefore, the order of the Family Court granting visitation rights on every Sunday's in a month is not on proper appreciation of facts and requests the Court to set aside the order. 5. The main contention of the learned counsel for the petitioner is that child is not interested to talk with the father. Even if produced, the child is reluctant and father - 4 - HC-KAR NC: 2026:KHC:35237 WP No. 14338 of 2026 could not communicate with her properly and thus, requested the Court to set aside the said order. 6. Child is produced to the chambers and this Court interacted with her in person and also with the father and mother of the child. 7. Though child is aged 7 years studying 2nd class she is sharp enough to understand the disputes between her parents and as such she developed reluctance towards her father and not at all interested to interact with him at any point of time. 8. As the father of the petitioner already filed G & WC No.65/2025 for custody of the minor child and also the fact that the minor child is presently residing with the mother from past two years and mother who is taking care of her needs financially and emotionally and also the fact that so far the respondent has not paid any maintenance or incurred any educational expenses and the fact that he is addicted to alcohol and in view of pendency of other - 5 - HC-KAR NC: 2026:KHC:35237 WP No. 14338 of 2026 cases between the parties, this Court finds that in the best interest of the child, the order of the Family Court regarding the visitation rights is to be set aside. It is for the Family Court to dispose of G & WC No.65/2025 on merits after adducing evidence by both the parties in due course of time. 9. No doubt as the child is with the mother the interaction of the child with the father will be granted for the welfare of the child but, in this case as the respondent has totally neglected her and never took care of her and as he has no emotional bonding with the child, child is not at all interested either to visit him or to interact with him. Mother of the child alleged that her husband is having illicit intimacy with her mother and Family Court has to consider on these facts after adducing of evidence by both sides. Therefore, this Court finds it reasonable to set aside the interim order of the Family Court. The issue of the custody shall be decided by the Family Court in the main - 6 - HC-KAR NC: 2026:KHC:35237 WP No. 14338 of 2026 case after considering the evidence and arguments of both sides. 10. With these observations, the writ petition is allowed by setting aside the order of the Family Court in IA No.IV dated 02.03.2026. Sd/- (P SREE SUDHA) JUDGE NS CT:TSM List No.: 2 Sl No.: 6