Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010296772026 NC: 2026:KHC:37290 WP No. 13438 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA WRIT PETITION NO. 13438 OF 2026 (GM-FC) BETWEEN:
SMT. SEEMA M U W/O. SUBHAS CHANDRA.B D/O.UMAMAHESHWARA AGED ABOUT 36 YEARS.
R/AT. NO.2045, 2ND CROSS, SUBHASH NAGAR, MANDYA-571401
AND ALSO AT, NO.282/19, KSHITIJA, 5TH BLOCK, SOMASUNDRA PALYA, AGARA POST HSR LAYOUT SECTOR-2, BANGALURU-560102.
PETITIONER (BY SRI. GK SHIVA PRAKASH.,ADVOCATE) AND:
SRI SUBHAS CHANDRA B S/O B.M.BASAVARARAJU AGED ABOUT 42 YEARS, R/AT NO.25, 22ND BLOCK, MADHUVANA LAYOUT, SRIRAMPURA 2ND STAGE, MYSORE-570023.
ALSO AT- R/AT NO.1785, 2ND CROSS, 3 RD MAIN, SRIRAMPURA 2ND STAGE, MYSURU-570023.
RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED)
Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka
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HC-KAR
CNR: KAHC010296772026 NC: 2026:KHC:37290 WP No. 13438 of 2026
THIS WP IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED
ORDER DATED 04.04.2026 IN IA 8 FILED BY THE RESPONDENT HEREIN UNDER SECTION 9 AND 12 OF THE GUARDIAN AND WARD ACTS READ WITH SECTION 151 OF CPC IN G AND WC 115/2023 PENDING ON THE FILE OF III ADDL. PRL. JUDGE FAMILY COURT AT BENGALURU IS HEREIN FURNISHED AT ANNX-A AND ETC,.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA
ORAL ORDER
This petition is filed by the wife/mother against the order dated 04.04.2026 passed on IA.No.8 in G and WC.No.115/2023 by the learned III Additional Principal Judge, Family Court, Bengaluru, seeking for modification.
2. Inspite of service of notice respondent did not turned up and stayed ex-parte. Heard the arguments of learned counsel appearing for the petitioner.
3. The minor child was aged 6 years 10 months, father of the minor child filed G and WC.No.115/2023 under Guardian and Wards Act, seeking for custody of the child. During pendency of the same, he filed IA.No.8 for visitation rights and handing over the custody of the child on every Saturday and
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HC-KAR
CNR: KAHC010296772026 NC: 2026:KHC:37290 WP No. 13438 of 2026
Sunday and school vacations and festivals. The Family Court considering the arguments of both sides passed the follow
order:
"Petitioner is entitle to meet his daughter on every 1st, 3rd and 4th Saturday from 11:00 a.m to 2:00 p.m in the child visitation room of Nyayadegula building, Bengaluru and the respondent has to bring the child and cooperate for the visitation rights. Further, the petitioner is entitled to take interim custody of his daughter from 11.05.2026 to 23.05.2026 and pick up the child on 11.05.2026 at 10:00 a.m and send back the child at 5:00 p.m on 23.05.2026. The child can have video call with her mother everyday at least for 15 minutes during this custody. The Respondent has to cooperate for the said custody order. The petitioner has to intimate the Respondent with regard to any ill-health of the daughter during this interim custody."
and also directed to grant custody of the child from 11.05.2026 to 23.05.2026, but the said order has no relevance now. Against the said order, mother filed an application.
4. It is stated that the husband has filed MC.No.2125/2023 for restitution of conjugal rights, later the wife has filed counter petition and it was disposed of by decree of divorce.
5.
Learned counsel for the petitioner now stated that, infact they are ready to handover the child only for 2 days, but
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HC-KAR
CNR: KAHC010296772026 NC: 2026:KHC:37290 WP No. 13438 of 2026
the Family Court directed custody for one more day i.e., on fourth Saturday. It is also stated that child has to attend the school even on Saturdays, as such requested for modification of the order of the Family Court only for first and third Saturday from 11:00 a.m., to 2:00 p.m., in the child visitation room of Nyayadegula Building, Bengaluru.
6. Therefore, this Court finds that it is just a reasonable to direct the respondent to visit only on first and third Saturday from 11.00 a.m., to 12.00 p.m., in the child visitation Nyayadegula Building, Bengaluru and to this extent the writ petition is modified. Accordingly, the petition is disposed of.
Sd/- (P SREE SUDHA) JUDGE
PNV List No.: 2 Sl No.: 37