- 1 - HC-KAR CNR: KAHC010178162025 NC: 2026:KHC:36951 WP No. 9174 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA WRIT PETITION NO. 9174 OF 2025 (GM-FC) BETWEEN: BRINDA S N D/O SHANKAR D.N. AGED ABOUT 31 YEARS, RESIDING AT NO.12, S.N.V. ENCLAVE, HESARAGHATTA ROAD, TORENAGASANDRA, BENGALURU RURAL DISTRICT – 562 123. …PETITIONER (BY SRI. SRIDHARA N., ADVOCATE) AND: MANOJ DESHPANDE S/O SURESH DESHPANDE AGED ABOUT 35 YEARS RESIDING AT NO.5, SWARAPASHWINI, 10TH CROSS, 7TH MAIN, HAVANOOR EXTENSION, NAGASANDRA POST, BENGALURU-560 073. …RESPONDENT (BY SRI. NAGESH S., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, 1950, PRAYING TO SET ASIDE THE ORDER DTD. 10.01.2025 (ANNX-A) PASSED IN M.C.NO. 493/2023 CONNECTED WITH M.C.NO. 4835/2023 BY THE HONOURABLE PRINCIPAL JUDGE FAMILY COURT, BENGALURU, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010178162025 NC: 2026:KHC:36951 WP No. 9174 of 2025 ALLOWING THE APPLICATION (I.A.NO.4) FILED BY THE RESPONDENT UNDER SECTION 26 OF THE HINDU MARRIAGE ACT, 1955 AND CONSEQUENTLY DISMISS THE I.A.NO.4 AND GRANT AN INTERIM ORDER TO STAY ON EXECUTION OF THE IMPUGNED ORDER DTD. 10.01.2025 PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, BENGALURU IN MC.NO.493/2023 C/W MC.NO.4835/2023 ANNX-A. THIS PETITION HAVING BEEN HEARD AND RESERVED ON 08.07.2026 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 petition is filed against the order dated 10.01.2025 passed on I.A. No.4 in M.C. No.493 of 2023 and M.C. No.4835 of 2023 vby the Principal Judge, Family Court, Bengaluru. 2. I.A. No.4 was filed by respondent-father in M.C. No.493 of 2023 for grant of visitation rights of minor child Master Atharva twice a week during every Sunday and Wednesday in between 10.00 a.m. and 8.00 p.m. The Family Court considering the arguments of learned counsel for both sides, allowed the application stating that respondent is - 3 - HC-KAR CNR: KAHC010178162025 NC: 2026:KHC:36951 WP No. 9174 of 2025 permitted to visit the minor child on the 1st and 3rd Saturdays of every month in between 2.00 p.m. and 4.00 p.m. in the visitation room of Family court in 4th Floor, Nyaya Degula, H. Siddiah Road, Bengaluru, in the presence of either the petitioner or any other family member of the petitioner with whom the child is acquainted with. 3. Aggrieved by the said order, this petition is filed by the petitioner in M.C. No.493 of 2023. She has stated that her marriage with respondent-father was performed on 01.07.2021 and they were blessed with a male child on 23.04.2022 and his name is Atharva. It is stated that the respondent is habitual drinker and he has no control over his drinking. If he comes to visit the baby in an intoxicated condition, it will affect the baby. She stated that she filed M.C. No.493 of 2023 for divorce and respondent-father filed M.C. No.4835 of 2023 for restitution of conjugal rights. In the said proceedings, he sought for visitation of rights of the minor child, aged 2 years twice in a week. It is stated that on 04.10.2021, the respondent father sent an image to show that he cut his hand and attempted to commit suicide. It establishes his unsound mind and intention to scare - 4 - HC-KAR CNR: KAHC010178162025 NC: 2026:KHC:36951 WP No. 9174 of 2025 her. It is further stated when the child was admitted in the hospital, the medical expenses and other incidental expenses were borne by brother of the petitioner. But, the respondent- father never came forward to bear the expenses of her and new born baby. The baby was suffering from joint disease and admitted in the hospital for 8 days. Respondent-father simply blamed petitioner and her parents. When petitioner intended to organise the naming ceremony of the child, respondent agreed to perform the same with a condition that she should not invite any of her family members and also insisted her to incur 50% of the expenses and thus, she agreed to incur 50% of the expenses to invite her family members. On 02.07.2022, petitioner called her parents and stated that she cannot take care of herself and baby completely. Respondent-father caught hold of her father’s collar and assaulted him. In this scuffle, her mother got grievous hurt and she called the police immediately and complained to control the respondent's anger. After the incident, he was under intoxication and caught by the police for drunk and drive. When he was under the influence of alcohol he has no anger control. She further stated that - 5 - HC-KAR CNR: KAHC010178162025 NC: 2026:KHC:36951 WP No. 9174 of 2025 respondent broke the window glass by using the fist and the broken glasses fell near to the baby while sleeping in the same room, but the baby was not injured. On 09.07.2022 respondent forwarded the video of himself trying the hang to the ceiling of the fan. As such, if he acts violently with his anger issues, it is not safe to allow him to visit the baby, who is aged 2½ years. It was observed by the Family court that child is shy and he did not open mouth. He was extremely attached to the petitioner and refused to interact with anyone, but allowed the respondent-father to visit the child for twice in a month. It is further stated that there was no special reaction in the child after seeing the respondent-father. The child was observing the father like any other stranger, not because of long gap, but because of lack of affection shown by the father towards the child from the birth of the child. Since the birth of the child, he never visited the child or enquired about the whereabouts of the child till the date of order. Respondent is aware that the child is not keeping well for one month, but not bothered to ask about the same or visit the child. Whereas, the conduct and character of the respondent is very impulsive and he has anger - 6 - HC-KAR CNR: KAHC010178162025 NC: 2026:KHC:36951 WP No. 9174 of 2025 issues and it will have negative impact on the upbringing of the child. Therefore, the petitioner requested this court to quash the order dated 10.01.2025 passed by the Family Court. 4. Heard the arguments of learned counsel for both sides. 5. The child was born on 23.04.2022 and presently, he is aged 4 years and 4 months. The main grievance of the petitioner is that respondent-father never showed any care or affection towards the minor child and he has anger issues. He made an attempt to commit suicide twice and also broke the glass piece with fist and he consumes alcohol habitually. As such, it will have adverse effect on the child. The visitation rights are sought for by the respondent-father in the matrimonial proceeding filed by both sides. 6. The Family Court has rightly considered all the aspects and permitted the respondent-father to visit the child only twice in a month for 2 hours in the visitation room of the Family Court in the presence of petitioner or her family members. - 7 - HC-KAR CNR: KAHC010178162025 NC: 2026:KHC:36951 WP No. 9174 of 2025 Therefore, this Court finds no reason to interfere with said order. In the result, this petition is devoid of merits and it is hereby dismissed. Sd/- (P SREE SUDHA) JUDGE CS CT:NR List No.: 3 Sl No.: 2