- 1 - HC-KAR CNR: KAHC010031342026 NC: 2026:KHC:36467 WP No. 1531 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA WRIT PETITION NO.1531 OF 2026 (GM-FC) BETWEEN: ASHWIN KUMAR GUMMARAJU S/O. MR. SHIVARAM GUMMARAJU AGED ABOUT 36 YEARS R/AT NO.001, CHARTERED MADY APARTMENTS 45/2,17TH MAIN ROAD, J.P. NAGAR 2ND STAGE, BENGALURU-560 078 …PETITIONER (BY SRI KAPIL DIXIT, ADVOCATE) AND: SRILEKHA CHILUKURI W/O. ASHWIN KUMAR GUMMARAJU AGED MAJOR R/AT NO.17/G 1, NESARA APARTMENTS 6TH MAIN, 8TH CROSS, MALLESHWARAM BENGALURU-560 003 …RESPONDENT (BY SRI MOHAN KUMAR H., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 17 OF THE GUARDIAN AND WARDS ACT, 1890 PRAYING TO SET ASIDE/MODIFY THE IMPUGNED INTERIM ORDER DATED 12.12.2025 PASSED BY THE FAMILY COURT, BENGALURU, IN I.A.NO.8, VIDE ANNEXURE-A OF G AND W.C.NO.354/2022 WHICH DENIED THE PETITIONER-FATHER VISITATION RIGHTS AND DIRECT THE RESPONDENT-MOTHER TO ALLOW THE PETITIONER-FATHER MEANINGFUL, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010031342026 NC: 2026:KHC:36467 WP No. 1531 of 2026 STRUCTURED, AND REGULAR VISITATION WITH THE MINOR CHILD, MS. AISHASRI ESHWAR KUMAR, SUBJECT TO SUCH SAFEGUARDS AND CONDITIONS AS THIS HON'BLE COURT MAY DEEM APPROPRIATE, INCLUDING SUPERVISED AND VIRTUAL INTERACTIONS. THIS PETITION HAVING BEEN HEARD AND RESERVED ON 14.07.2026 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 father of the minor child against the rejection order on IA No.8 filed by him in G & WC No.354/2022 dated 12.12.2025. G & WC is filed by mother of the minor child. During the pendency of the same, father of the child filed an application seeking visitation rights of the minor daughter. But it was rejected by the Family Court. 2. Aggrieved by the same, the petitioner/father preferred this petition and stated that his marriage with respondent was performed on 10.02.2016. Both of them resided in USA. He further stated that prior to the marriage respondent/wife undergone brain CT scan and - 3 - HC-KAR CNR: KAHC010031342026 NC: 2026:KHC:36467 WP No. 1531 of 2026 lambar puncture in the year 2013. But it was not disclosed to him prior to the marriage. In 2017 she suffered left side paralysis and there was emergency of neurological intervention. She underwent MRI and diagnosed with multiple Sclerosis, chronic progressive neurological disorder. A child was born to them on 04.01.2020 in California of USA. They lived together till October 2022. During that period, husband was actively participated in the child's day to day care, feeding, medical appointments and schooling as a responsible father. Later disputes arose between them. But in October 2022 respondent/mother came to India with her child without his knowledge or consent, also she filed Domestic Violence proceedings against her husband before competent Court in Santa Clara County, California, but it was dismissed. Petitioner/husband also relocated to India, approached the Court and sought for visitation rights on interim basis pending final adjudication. Respondent/mother opposed the same and IA was rejected. The prolonged separation - 4 - HC-KAR CNR: KAHC010031342026 NC: 2026:KHC:36467 WP No. 1531 of 2026 during the child's formative years causes serious prejudice to the emotional, psychological and developmental welfare of the minor child. He relied upon other citations and stated that the Family Court failed to consider her severe neurological condition. He also produced whatsapp communication to show the acts of violence inflicted upon a minor child at the age of 3 years and also to show the suicidal tendency of the respondent/mother, but it was not considered. Family Court observed that both the parents require psychological evaluation at NIMHANS. But even without considering the same, dismissed the application and Family Court completely denied his visitation rights including supervised or virtual contact without recording any finding that he poses physical, emotional or psychological risk to the minor child and has requested the Court to set aside the order in IA No.8 dated 12.02.2025 in G & WC No.354/2022. 3. Heard the arguments of both sides. - 5 - HC-KAR CNR: KAHC010031342026 NC: 2026:KHC:36467 WP No. 1531 of 2026 4. There is no dispute regarding the marriage and the paternity of the child. Wife filed G & WC case for custody of the minor child. During the pendency of the same, petitioner/husband requested for visitation rights of minor daughter aged 6 years as on today. Respondent/mother stated that child sustained injury on 13.10.2022 and she gave complaint under Domestic Violence Act on 10.06.2022 in USA. She also communicated the same to USA Embassy and sought for their assistance to return to India. It is stated that on 16.11.2023 the visitation rights were given to the paternal grandparents on first and third Saturdays between 11.00 a.m. to 1.00 p.m. in Visitation room, Family Court. On 03.08.2024 child is not ready to mingle with any person even grandfather. When Court tried to interact with the child she started crying. As such stay was granted for the order dated 16.11.2023. On 07.12.2024 when the child was aged 5 years she was produced before the Visitation Center to facilitate visitation to the father. But she started - 6 - HC-KAR CNR: KAHC010031342026 NC: 2026:KHC:36467 WP No. 1531 of 2026 crying loudly on seeing the father. On 20.09.2025 child was conciliated in the chamber. But she refused to talk to her father as she was afraid of him. It is further observed that IA No.10 is filed by the petitioner/husband herein for comprehensive neuropsychological evaluation of a minor child to ascertain emotional state and mental health and overall well being of the child. But it was rejected on 12.12.2025. The Family Court observed the attitude of petitioner/father for directing the child for neuropsychological evaluation itself shows that he is not fit to be a custodial parent. As such his visitation rights were rejected. Petitioner/husband clearly stated that health of his wife is also not on proper lines as stated by him in the writ petition averments. Admittedly, both the petitioner/husband and respondent/wife were residing separately from October 2022 onwards and the child is residing with mother only. Mother also filed G & WC for declaring her as permanent custodian of the child in the year 2022 itself and it is still pending for consideration. - 7 - HC-KAR CNR: KAHC010031342026 NC: 2026:KHC:36467 WP No. 1531 of 2026 Petitioner filed an application for visitation rights asking the Court to send the child for neuropsychological evaluation is not a ground for rejection of the visitation rights. Father is also qualified, he has done his MS in Computer Science. He was working in USA and he relocated to Hyderabad. He relied upon several citations and the sum and substance of the same is both the parents are entitled for custody or visitation of the child for overall well being of the minor child. 5. As G & WC No.354/2022 filed by respondent/mother is still pending, writ petitioner herein is entitled for visitation rights. Considering all the facts and allegations, this Court finds it just and reasonable to direct the respondent/wife to bring the child to Visitation Center of the Family Court. Petitioner/father is permitted to visit the child in the said center from 10.00 a.m. to 01.00 p.m. once in a month on second Saturday in the presence of respondent/mother and the supervised custody is granted. He is also at liberty to talk to the child through video or - 8 - HC-KAR CNR: KAHC010031342026 NC: 2026:KHC:36467 WP No. 1531 of 2026 audio call between 7.00 p.m. and 7.30 p.m. on other Saturdays till the disposal of the petition. 6. Accordingly, the following: ORDER (i) Writ Petition is allowed by setting aside the order of the Family Court in IA No.8 dated 12.12.2025. (ii) Petitioner/father is entitled for visitation of the minor child in the presence of respondent/mother in the Visitation Room at Family Court, Bengaluru on every second Saturday from 10.00 a.m. to 01.00 p.m. once in a month. (iii) Petitioner is also entitled for interaction through video or audio call between 07.00 a.m. and 07.30 p.m. on first, third and fourth Saturdays. Sd/- (P SREE SUDHA) JUDGE NS, List No.: 3 Sl No.: 4