- 1 - HC-KAR CNR: KAHC010416422026 NC: 2026:KHC:37755 WP No. 19158 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA WRIT PETITION NO. 19158 OF 2026 (GM-FC) BETWEEN: SMT. MANPREETH. R, W/O SANDEEP. R, AGED ABOUT 32 YEARS, R/AT NO.34/1, 12TH MAIN ROAD, VIJAYANAGR, BANGALORE - 560 040. AND PERMANENT ADDRESS AT 1ST MAIN ROAD, 2ND CROSS, KALIDASA NAGARA, CHIKKAMANGALURU - 577 101. …PETITIONER (BY SRI. MANUSHANKAR S. S., ADVOCATE) AND: SRI. SANDEEP. R. S/O SRI. RAVI S, AGED ABOUT 37 YEARS, R/AT ADVAITHA SOLUTIONS, COMMERCIAL STREET ABOVE CANARA BANK, CHANNAPURA, BHADRAVATHI - 577 301. …RESPONDENT (BY SRI. NELADURGA S VIJAY KUMAR, ADVOCATE) THIS WRIT PETITON IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA I. ISSUE A WRIT OF CERTIORARI, OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING ANNEXURE-F, NAMELY THE ORDER Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010416422026 NC: 2026:KHC:37755 WP No. 19158 of 2026 DATED 17.04.2026 PASSED ON I.A. NO. II FILED UNDER SECTION 12 OF THE GUARDIANS AND WARDS ACT, 1890, IN G. AND W.C. NO. 319/2025 BY THE LEARNED II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, INSOFAR AS IT GRANTS PHYSICAL VISITATION AND OVERNIGHT CUSTODY RIGHTS TO THE RESPONDENT-FATHER AND CONSEQUENTLY ALLOW THE PRESENT WRIT PETITION AND ETC., THIS PETITION HAVING BEEN HEARD AND RESERVED ON 21.07.2026 COMING ON FOR PRONOUNCEMENT OF ORDER THIS DAY, P SREE SUDHA J., MADE THE FOLLOWING: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA CAV ORDER This writ petition is filed by the mother of the minor child against the order of the Family Court in G & WC No.319/2025 dated 17.04.2026 which reads as follows: "the petitioner shall have communication rights of the minor daughter Samanvi .S. i.e., to have audio/video call on alternate days for 20 minutes between 7.00 p.m. and 8.00 p.m. with prior intimation to the respondent. The petitioner shall have visitation rights of the minor daughter on every 4th Sunday from 11.00 a.m. to 5.00 p.m. in any nearby place like park, mall etc. convenient to the parties preferably to the minor daughter. - 3 - HC-KAR CNR: KAHC010416422026 NC: 2026:KHC:37755 WP No. 19158 of 2026 The respondent is at liberty to accompany the minor daughter during the above visitation period, but she shall not interfere in the visitation rights of the petitioner. The petitioner shall have overnight custody of the minor daughter from 4.00 p.m. on every 2nd Friday till 6.00 p.m. on every 2nd Sunday. The respondent shall have communication rights i.e., to have audio/video call twice a day for 15 minutes during the above period of overnight custody. The petitioner shall pick up and drop the minor daughter at the residence of the respondent. The petitioner shall adhere to the food and sleeping pattern of the minor daughter and shall take all safety measures to keep the health condition of the minor daughter and her homework during interim custody. Both the parties shall co-operate and co-ordinate with each other during the above communication and visitation rights and over night custody of the minor daughter without disturbing him in whatever manner being responsible parents." 2. Against the said order petitioner/mother filed this writ petition contending that she filed M.C.No.4991/2025 for divorce on 06.08.2025 before the Family Court at Bengaluru and enclosed the same under Annexure-A. - 4 - HC-KAR CNR: KAHC010416422026 NC: 2026:KHC:37755 WP No. 19158 of 2026 3. Respondent/husband filed G & WC No.319/2025 on 22.08.2025 for permanent custody of the minor daughter and it is enclosed as Annexure-B and he sought for interim custody of the child in IA No.2 and the said copy is filed under Annexure-C. She contested the proceedings in G & WC No.319/2025 before the Family Court and also filed her statement of objections. After hearing both the parties, it was partly allowed and interim visitation rights was granted to the respondent/father. 4. Aggrieved by the said order, she preferred an appeal and mainly contended that Family Court erred in granting overnight custody of the child to the respondent/father without conducting any meaningful enquiry regarding child's wishes, daily routine, educational commitments. The child was residing with her from 24.06.2021 and the abrupt change in the existing arrangement i.e., overnight custody will adversely affect the child's emotional stability. She further stated presently she is employed and she is taking care of the child on day - 5 - HC-KAR CNR: KAHC010416422026 NC: 2026:KHC:37755 WP No. 19158 of 2026 to day basis. As such she cannot implement the directions of the Family Court. The Family Court has not assigned any reasons for granting of overnight custody to the respondent/father. The said order dated 17.04.2026 was passed when both of them were residing in Bengaluru. Now she is relocated to Pune, Maharashtra in connection with her employment. She also enrolled the minor child at Pune and she has to adapt to the new environment. The visitation and access schedule prescribed in the order is impracticable in view of the subsequent change of circumstances and thus requested for suitable modification of the order. 5. It is stated that child is aged about 7 years. Respondent/father is not a primary care giver and he was not involved in the child's day today upbringing. Respondent/father initiated Execution Petition No.142/2026 for enforcement of the directions of the Court and it was posted to 25.06.2026 and thus requested the Court to quash the order dated 17.04.2026 and also to - 6 - HC-KAR CNR: KAHC010416422026 NC: 2026:KHC:37755 WP No. 19158 of 2026 modify the interim visitation arrangement directing respondent/father is entitled only to reasonable audio and video interaction at such times as fixed by the Court. 6. Heard the arguments of both sides. 7. It is stated that in pursuance of the execution order, now the child is with the father from past 3 days. Learned counsel for the petitioner/wife requested this Court for modification of visitation rights of the minor daughter on every 4th Sunday from 11.00 a.m. to 5.00 p.m. and also to modify the overnight custody of the child on every 2nd Sunday. She has no objection for continuance of the audio and video calls direction given by the Court. Therefore, the said direction of the Family Court need not to interfered with. 8. Learned counsel for the respondent/father stated that the petitioner got transferred to Pune at her own request only to deprive the respondent from visitation rights. Previously she was studying in Bengaluru and he - 7 - HC-KAR CNR: KAHC010416422026 NC: 2026:KHC:37755 WP No. 19158 of 2026 may be given the custody of the child and the child can be continued in Bengaluru. But the said request of learned counsel for the respondent cannot be accepted as already he filed G and WC case and it is pending for consideration and the said fact of permanent custody will be decided at the time of disposal of main G & WC case after adducing the evidence and arguments of both sides. 9. Even if it is presumed that petitioner herein has got transferred to Pune on her request, the fact should be considered at this stage is only transfer to Pune. Learned counsel for the respondent stated that in view of relocation of the child from Bengaluru to Pune this Court has no jurisdiction to pass any order and any modification is to be initiated only before the concerned Court in Pune. 10. Though petitioner stated in the writ petition that she got transferred to Pune, she has not stated when she was transferred i.e., the date of transfer. She simply stated that she was transferred to Pune. She has taken - 8 - HC-KAR CNR: KAHC010416422026 NC: 2026:KHC:37755 WP No. 19158 of 2026 the minor child along with her and joined her in a new school and thus requested to modify the visitation rights granted to the respondent/father through order dated 17.04.2026. Learned counsel for the respondent/father stated, presently child is with the father and he can be permitted to take care of the child and petitioner can approach Court at Pune for modification of order. Father of the child filed G & WC case for custody and he was only granted visitation rights merely because in view of execution proceedings he obtained the custody of the child. It cannot be said that he is entitled for the temporary custody of the child till the disposal of the G & WC case. Therefore, the said argument of the respondent counsel cannot be accepted. 11. Respondent/father is working in Bengaluru and petitioner/mother is working in Pune. Respondent/father brought the child to the Court today. It appears to the Court that child is comfortable with both the parents. The distance between Bengaluru and Pune is 838 kilometers. - 9 - HC-KAR CNR: KAHC010416422026 NC: 2026:KHC:37755 WP No. 19158 of 2026 Even flight journey takes one and a half hour. Petitioner/wife stated that the child is having examinations in the next week. It seems that both the parents are educated and well placed in the society. In view of her transfer to Pune, her contention that overnight custody cannot be granted is not acceptable. 12. Therefore, this Court finds that it is just and reasonable to modify the order as follows: (i) The respondent/father shall have communication rights of the minor daughter Kum.Samanvi.S. i.e., to have audio/video call on alternate days for 20 minutes between 7.00 p.m. and 8.00 p.m. with prior intimation to the petitioner/mother. (ii) To grant custody of the minor child to the respondent/father once in a month for two days. He is at liberty to take the child on the 2nd Friday evening after the school hours and he can hand over the child to the mother again on Sunday - 10 - HC-KAR CNR: KAHC010416422026 NC: 2026:KHC:37755 WP No. 19158 of 2026 evening by 08.00 p.m. or 09.00 p.m. at Pune. It is for the respondent/father either to spend time with the child at Pune or he can take the child to his place at Bengaluru as he is residing with his mother. (iii) With this modification, this writ petition is disposed of. Sd/- (P SREE SUDHA) JUDGE NS CT:PH List No.: 1 Sl No.: 53