- 1 - HC-KAR CNR: KAHC010012862025 NC: 2026:KHC:38305 WP No. 1091 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA WRIT PETITION NO. 1091 OF 2025 (GM-FC) BETWEEN: MR. NAVEEN GEORGE, S/O CYRIL GEORGE, AGED ABOUT 34 YEARS, R/AT NO. 720, PAPPAIAH GARDEN, 5TH MAIN, 6TH CROSS, PNS LAYOUT, THOMAS TOWN, KAMMANAHALLI, BENGALURU- 560 084. …PETITIONER (BY MRS. RASHMI GEORGE., ADVOCATE) AND: MRS. NITHYA PRIYA .J W/O NAVEEN GEORGE, AGED ABOUT 31 YEARS, R/AT NO.51, 4TH ‘A’ CROSS, ASHIRVAD COLONY, HORAMAVU, BENGALURU, KARNATAKA- 560 043. …RESPONDENT (BY MR. ADELINE NANCY PRINCE., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED COMMON ORDER DTD. 09.12.2024 PASSED BY THE HONBLE II ADDL. PRINCIPAL JUDGE, FAMILY COURT IN THE INTERLOCUTORY APPLICATIONS IA NO. 5 AND 6 IN G AND WC.NO. 85/2023 PRODUCED AS ANNX-A AND BE PLEASED TO Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010012862025 NC: 2026:KHC:38305 WP No. 1091 of 2025 ALLOW THE IA NO.5 DTD. 27.06.2024 FILED BY THE PETITIONER VIDE AT ANNX-C AND FURTHER BE PLEASED TO DISMISS THE IA NO. 6 DTD. 23.07.2024 FILED BY THE RESPONDENT VIDE AT ANNX-F HEREIN AND ETC. THIS PETITION HAVING BEEN HEARD AND RESERVED ON 23.07.2026 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 by the father of the minor child against the order dated 09.12.2024 passed on I.A. Nos.5 and 6 by II Additional Principal Judge, Family Court, Bengaluru in G &WC No.85 of 2023. 2. For the sake of convenience, the petitioner in this case is referred to as ‘father’ and respondent is referred to as ‘mother’. 3. G & WC No.85 of 2023 is filed by father of minor child, aged 4 years, for permanent custody. During the pendency of the said case, I.A. No.5 is filed by father for interim unsupervised custody of the child for few hours every weekend. In the affidavit filed to I.A. No.5 by father, it is stated that he - 3 - HC-KAR CNR: KAHC010012862025 NC: 2026:KHC:38305 WP No. 1091 of 2025 filed I.A. No.2 for interim custody of the child and the Family Court granted visitation rights to the father under the supervision of mother on every Sunday from 10.00 a.m. to 03.00 p.m. and on the child's birthday from 05.00 p.m. to 08.00 p.m. The father of the child stated that his wife was bringing the child at 11.30 a.m. instead of 10.00 a.m. and her parents were also coming, and continuously prohibiting the child from interacting with him and the atmosphere during visitation period was damaging the mental health of the child. In the objection to I.A. No.5, the mother has stated that her husband is working as a Central Government employee i.e. Indian Railways, but he is not paying any maintenance. 4. I.A. No.6 is filed by mother of the child under Section 151 of CPC for modification of interim order dated 28.03.2024. In the affidavit filed to I.A. No.6, she has stated that child is not comfortable with the father for long hours. He gets restless and starts to cry. It is difficult for her to console the child. Father was always negligent about the child's upbringing. Child is aged 4 years. Therefore, requested for modification of the order. To this application, father of the child filed objection - 4 - HC-KAR CNR: KAHC010012862025 NC: 2026:KHC:38305 WP No. 1091 of 2025 stating that he is desirous of spending quality time with the child and requested to dismiss the application. The Family Court considering both the applications and objections, passed the impugned order. 5. Aggrieved with the said order, the petitioner-father of the minor child has preferred this petition contending that his wife deserted him with the child without any reason on 30.06.2022. As such, he was compelled to file G & WC No.85 of 2023 for custody of the child. Later, his wife filed complaint against him and his mother under Section 498A of IPC before Banasawadi Police Station. Then, he filed I.A. No.2 requesting the Court for visitation rights and the Court granted visitation rights every Sunday from 10 a.m. to 03.00 p.m. It is further stated that though the residence both the parties are at a distance of 1.75 kms., the wife is making lame excuses. Whenever the child was brought to the designated coffee day restaurant, her parents are also accompanying the child. Even if he suggests to take the child to other places like park, mall or activity centres, his wife was not accepting the same and she also restrained his mother strictly to interact with the child. - 5 - HC-KAR CNR: KAHC010012862025 NC: 2026:KHC:38305 WP No. 1091 of 2025 Therefore, he filed I.A. No.5 requesting the court to grant at least few hours of a week and during vacations. In the said application, his wife filed objection stating that the child feels inconvenient to spend with him for more than two hours. She also filed memo of daily routine of the child. I.A. No.6 is filed by mother for modification of the visitation rights. The father stated that though he filed detailed documents, it was not considered. It is further stated by the father that he filed G & WC, seven months after his wife deserted him. The Family Court observed that child is staying with mother from the beginning and hence, it is not proper to grant interim unsupervised custody to the father even for few hours. The Family Court further directed father to pay Rs.5,000/- per visitation as conveyance charges. Though the distance between the place of both parties and Family court is only 16 kilometres, wife is depicting parental alienation syndrome (PAS) and using the child as a tool. The child is aged for 4½ years and his wife is tutoring the child continuously against him and alleging that child gets bored in the presence of his father. As such, father - 6 - HC-KAR CNR: KAHC010012862025 NC: 2026:KHC:38305 WP No. 1091 of 2025 filed M.C. No.7365 of 2024 for divorce on the ground of cruelty and that is pending. 6. The father has relied upon several citations and stated that for the wellbeing of the child, interaction with both parents is required and also, stated that granting of Rs.5,000/- towards each visitation, is not proper and thus, requested this Court to set aside the order. 7. Learned counsel for respondent is absent. 8. Hence, heard the arguments of learned counsel for the petitioner and perused the records. 9. The Family Court, on 25.05.2023, granted visitation rights in I.A. No.2 to the father on every Sunday between 10.00 a.m. to 3.00 p.m. at coffee day shop. Again in an order dated 09.12.2024, the said order is modified as follows. “1. The petitioner is entitled to have visitation rights on 1st and 3rd Saturday of every month from 3:00P.M. to 5:30P.M. at Visitation Room of Family Court, Bengaluru under the supervision of the respondent/mother only. - 7 - HC-KAR CNR: KAHC010012862025 NC: 2026:KHC:38305 WP No. 1091 of 2025 2. The petitioner is entitled to visit his son on his son's birthday from 5:00p.m. to 7:00 p.m. in any public place near the residence of the respondent with prior intimation to her. 3. The respondent is directed not to bring her parents to the Visitation Room of Family Court, Bengaluru and co- operate the petitioner to spend quality time with the child. 4. The petitioner is directed to pay Rs.5,000/- to the respondent for each visitation towards the conveyance and other expenses of the child. 5. The respondent is directed to co- operate and facilitate the petitioner to exercise the above rights. 6. The petitioner is directed to take all safety measures with regard to the child during his visitation rights. 7. Both the parties are directed to maintain harmony and behave like responsible parents at the time of exercising of visitation rights by the petitioner.” 10. The Family Court granted visitation rights twice in a month in visitation room of family Court which is at a distance of 16 Kms. from the place of both parties. The father and mother are residing at a distance of 1.75 kilometres. Previously the visitation was directed in a coffee day shop which is nearer to their house. Father filed statement for the period from - 8 - HC-KAR CNR: KAHC010012862025 NC: 2026:KHC:38305 WP No. 1091 of 2025 28.05.2023 to 23.06.2024 to show the details of dates when he met the child. It shows that even without information she has not brought the child to the said place for several times. He also filed another statement for the period from 26.01.2025 to 23.03.2025. The above statement shows the conduct of the mother and she is very reluctant to allow the child to meet his father. As such, she sought for modification of the order within a short span and she is willfully not complying the order on several dates on one or other ground. 11. The Family Court has considered all the facts and granted visitation rights to the petitioner-husband for the first and third Saturday from 03.00 p.m. to 05.30 p.m. and also permitted the petitioner to visit his son on his birthday from 05.00 p.m. to 07.00 p.m. and both the directions are confirmed. 12. It is directed that parents of both parties are not allowed to attend at the visitation room of Family Court. 13. There is a direction to the petitioner-husband to pay an amount of Rs.5,000/- per visitation. As the respondent-wife - 9 - HC-KAR CNR: KAHC010012862025 NC: 2026:KHC:38305 WP No. 1091 of 2025 herself has asked for shift of the place from coffee day to visitation room, she is not entitled for any conveyance and it is hereby cancelled. 14. If the respondent-wife continues the same attitude, the said conduct will be considered while disposing of the main application in the G & WC case while granting permanent custody of the child. Therefore, she is specifically directed to comply with the orders of the Court. With this direction, writ petition is disposed of. Sd/- (P SREE SUDHA) JUDGE CS CT:NR List No.: 1 Sl No.: 56