- 1 - HC-KAR CNR: KAHC010129182026 NC: 2026:KHC:38040 WP No. 5893 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.5893 OF 2026 (GM-FC) BETWEEN: SMT. ANITA DALAL WIFE OF SRI SANDEEP RANA AGED ABOUT 40 YEARS RESIDING AT SARJAPURA MAIN ROAD BENGALUR-560 035 …PETITIONER (BY SMT. PARVATHY R. NAIR, ADVOCATE) AND: SRI SANDEEP RANA SON OF SHRI BANWARI LAL AGED ABOUT 42 YEARS RESIDING AT HOUSE NO.236-237 VIKAS NAGAR BHIWANI-127 021 …RESPONDENT (BY SRI SANDEEP RANA, PARTY-IN-PERSON) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 27.09.2024 PASSED BY THE HON'BLE FAMILY COURT, HISAR VIDE ANNEXURE-N AND DISMISS/SET ASIDE THE PROCEEDINGS IN MISC NO.77 OF 2025 PENDING CONSIDERATION ON THE FILE OF V ADDITIONAL PRINCIPAL JUDGE VIDE ANNEXURE-P. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010129182026 NC: 2026:KHC:38040 WP No. 5893 of 2026 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 writ petition is filed to set aside the order dated 27.09.2024 in Misc.No.77/2025, in which the Family Court stated as follows: "Family Court even after withdrawal of divorce petition is having jurisdiction to deal with visitation rights granted during the pendency of divorce petition. In this regard reliance can be placed on judgment of Hon'ble Calcutta High Court in case titled as Dr. Siddhartha Chatterjee versus Dr. Adrita Chatterjee Law Finder Doc Id # 734183 wherein it was held by Hon'ble Calcutta High Court that withdrawal of main petition would not take away visitation rights of opposite party which was granted to him during the pendency of main petition. During the course of arguments, learned counsel for petitioner-wife has argued that now petitioner-wife has shifted to Banglore, therefore, not having any such financial capacity to bring minor child Saanvi at Rohtak for visitation as directed vide order dated 31.05.2022. After taking instructions from petitioner-wife her counsel submitted that respondent-husband can meet with minor child Saanvia at Play Arena, Off Sarjapura, Banglore between 01:30PM to 03:30PM on every third Saturday to which the respondent has also agreed. Separate statement of learned counsel for petitioner-wife and respondent-husband have been recorded separately. - 3 - HC-KAR CNR: KAHC010129182026 NC: 2026:KHC:38040 WP No. 5893 of 2026 Since the parties have agreed on the place of visitation rights, therefore, petitioner-wife shall allow the respondent-husband to meet with minor daughter Saanvi at Play Arena, Off Sarjapura, Banglore from 01:30PM to 03:30PM on every third Saturday and she shall leave minor child with the respondent-husband. This court expect from the petitioner that said meeting of respondent-husband with his minor daughter Saanvi shall be without any supervision from her side" 2. This writ petition is filed by wife stating that initially she filed an application for grant of divorce, in which respondent filed an application for interim custody of a minor daughter, it was filed on 31.05.2022 permitting the respondent to contact minor daughter by way of video call fortnightly basis on every 2nd and 4th Sunday between 10.00 a.m. to 11.00 a.m. and also granted visitation rights once in a month on every 3rd Sunday at a place mutually agreed upon by the parties. Respondent filed petition under Section 25 of the Guardian and Wards Act seeking for custody of the minor child and also interim custody of the child on every Saturday and Sunday or any other day convenient to the respondent on 5.11.2022. They were transferred to V Additional Family Court, Bengaluru. Later respondent filed an application for permitting him to take the minor child to the Doctor at Fortis Hospital and he also filed - 4 - HC-KAR CNR: KAHC010129182026 NC: 2026:KHC:38040 WP No. 5893 of 2026 two more applications seeking compliance of the order dated 14.11.2022 and 31.05.2022. Petitioner filed an application to withdraw the proceedings under Section 13 of the Hindu Marriage Act on 15.02.2023. Accordingly, she was permitted to withdraw DMC No.466/2019 on the same day. Respondent filed an application seeking for restoration of visitation rights granted to him during the pendency of the proceedings in DMC No.466/2019 on 31.05.2022. She filed an objection stating that as she was already permitted to withdraw the proceedings upon conclusion of the final order, the interim order ceases to operate. She also filed an application for transfer of G&WC No.82/2022 from Family Court, Hisar to Family Court, Bengaluru. It was transferred on 18.03.2024. She mainly contended that the Family Court, Hisar became functus officio after renumbering of the case before Family Court, Bengaluru, as G&WC No.202/2024. After the transfer of the case from Hisar to Bengaluru, the Family Court at Hisar passed an order restoring visitation rights to the husband on 27.09.2024. It is further stated that the Family Court, Hisar restored the order of visitation rights and subsequently transferred to Family Court - 5 - HC-KAR CNR: KAHC010129182026 NC: 2026:KHC:38040 WP No. 5893 of 2026 at Bengaluru and it is numbered as M.C.No.77/2025. Petitioner filed Civil Revision No.6527/2024 before the High Court of Punjab and Haryana at Chandigarh and the matter was transferred to Bengaluru at Karnataka. There are no legal proceedings pending between the parties except G&WC No.202/2024 and Misc.No.77/2025 before V Additional Family Court, Bengaluru, CRR(F) 53/2024 and CRR(F) 629/2023 before the High Court at Punjab and Haryana regarding maintenance. The order of the Family Court, Hisar, is malafide and passed without jurisdiction. She relied upon citations of Supreme Court and further stated that similar application seeking for visitation rights is pending before the Court at Bengaluru, As a matter of propriety, the Family Court at Hisar ought to have dismissed the application. Respondent abused the process of law, the conduct of respondent was highlighted by Punjab and Haryana High Court while dismissing the petition in CRM-M-18662/2018 in an order dated 26.05.2023 and his conduct was also further highlighted in CRR(F) No.288/2018 dated 17.07.2018. - 6 - HC-KAR CNR: KAHC010129182026 NC: 2026:KHC:38040 WP No. 5893 of 2026 3. The Family Court exceeded its jurisdiction by virtually adjudicating the matter on merits and passing substantive order directing that the visitation shall be unsupervised. Section 26 of the Hindu Marriage Act permits filing of application pertaining to the custody, maintenance and education of the minor child even after passing of the decree. But in this case in the proceedings under Section 13 of the Hindu Marriage Act was withdrawn and no decree was obtained and permitting to withdrawal of the proceedings does not amount to decree. 4. Family Court, Hisar lost sight of the fact that interim orders and directions cease to exist and merge with the final order. Therefore, requested to set aside the order dated 27.09.2024 and to set aside the proceedings in Misc.No.77/2025. Copy of the transfer petition No.648/2025 dated 25.07.2025 is filed. This application is filed by petitioner/wife for transfer of CMM No.299/2023 from Family Court, Hisar, Haryana to Family Court at Bengaluru in Karnataka, in which respondent stated that he has no objection for transfer, if the petitioner is directed to adhere to the terms - 7 - HC-KAR CNR: KAHC010129182026 NC: 2026:KHC:38040 WP No. 5893 of 2026 of visitation schedule granted by the Court and accordingly it was transferred. 5. CRR(F) No.288/2018 dated 17.07.2018 shows that granting of Rs.10,000/- to the child towards interim maintenance cannot be called as excessive and it is confirmed. Respondent/husband also filed an application for perjury on the ground that she stated that her income as Rs.20,000/- per month, but her salary is Rs.39,991/- per month. In view of the false statement he was directed to pay Rs.10,000/- per month to the minor child, but the said application was dismissed on the ground that no amount was granted to the petitioner, in fact her claim was dismissed. 6. The main contention of the petitioner herein is initially she filed divorce proceedings and she was permitted to withdraw the same. During the pendency of the proceedings interim custody was granted, after granting of permission to withdraw the proceedings. The said interim order granted for visitation rights was restored in an order dated 29.11.2024 and it is without jurisdiction. Subsequently, respondent filed proceedings before the Court under Guardian and Wards Act - 8 - HC-KAR CNR: KAHC010129182026 NC: 2026:KHC:38040 WP No. 5893 of 2026 and also filed interim application. As such, the said order is to be quashed. 7. The Family Court, Hisar relied upon the judgment of the Delhi High Court observed that even after withdrawal of the petition filed for divorce, the Family Court does not become functus officio and further the said visitation rights were granted after taking the consent of both sides. The petitioner herein expressed her inconvenience to bring the child as she shifted to Bengaluru. Accordingly, the visitation was granted at Bengaluru on her consent only for two hours. Even in the transfer proceedings he reported no objection on the condition that the visitation rights granted in the said application she continued on the condition that she should adhere to the terms of the visitation schedule. 8. Her main contention is as she was permitted to withdraw the divorce proceedings, the interim order granted during the pendency of the same also ceases to exist and it cannot be restored. But she filed objections before the concerned Court after considering the same, the said order was restored. She mainly contended that permitting to withdraw the - 9 - HC-KAR CNR: KAHC010129182026 NC: 2026:KHC:38040 WP No. 5893 of 2026 divorce proceedings is not a decree, as such as per Section 26 of the Hindu Marriage Act, respondent is not entitled for custody even after passing of the decree. 9. A perusal of the record shows that he filed G&WC No.202/2024 for granting of custody of the minor child and also directed the respondent to handover the passport and restraining her from obtaining Visa in the name of the daughter either for Australia or any other Country on 5.11.2022. On the same day he also filed an application for temporary custody of the child. Admittedly, when once the matter is transferred from Family Court, Hisar to Family Court at Bengaluru, the said Court has no jurisdiction to grant visitation rights. Therefore, the order dated 27.09.2024 passed by the Family Court, Hisar is without jurisdiction and is liable to be set aside. 10. Accordingly, the writ petition is allowed. 11. The order dated 27.09.2024 passed by the Family Court, Hisar, is set aside. - 10 - HC-KAR CNR: KAHC010129182026 NC: 2026:KHC:38040 WP No. 5893 of 2026 12. However, respondent is at liberty to sought for visitation rights in his G&WC Case which is pending before the Family Court at Bengaluru. Sd/- (P SREE SUDHA) JUDGE AP List No.: 1 Sl No.: 52