- 1 - HC-KAR CNR: KAHC010591762026 NC: 2026:KHC:49149 WP No. 26595 of 2026 C/W WP No. 26583 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 26595 OF 2026 (GM-FC) C/W WRIT PETITION NO. 26583 OF 2026 (GM-FC) IN WP No. 26595/2026 BETWEEN: 1. MR SHRAVANTH ARYA TANDRA SON OF SRI. PHANI PRAKASH TANDRA, AGED ABOUT 39 YEARS, RESIDING AT NO. 301-A, RANKA ENCLAVE, 218, SIR CV RAMAN ROAD, RMV EXTENSION, SADASHIVANAGAR, BENGALURU-560080 …PETITIONER (BY SRI. NISHAN G.K., ADVOCATE) AND: 1. MRS. DEEPIKA ARYA TANDRA WIFE OF MR. SHRAVANTH ARYA TANDRA, AGED ABOUT 39 YEARS RESIDING AT NO. 509, 5TH MAIN, 11TH A CROSS, GIRINAGAR, 2ND PHASE, BENGALURU - 560085 …RESPONDENT (BY SMT. JYANA KOTHARI, SENIOR COUNSEL FOR SRI. M.D. RAJKUMAR, ADVOCATE FOR C/R) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SETTING ASIDE THE ORDER DATED 18.07.2025 PASSED ON IA NO. V IN MC Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010591762026 NC: 2026:KHC:49149 WP No. 26595 of 2026 C/W WP No. 26583 of 2026 NO. 3728/2025 PENDING ON BY I ADDL. PRL. JUDGE FAMILY COURT BENGALURU AND CONSEQUENTLY ISSUANCE OF TRANSFER CERTIFICATE DATED 19.07.2025 BY AIR FORCE SCHOOL HEBBAL (ANNX-A). IN WP NO. 26583/2026 BETWEEN: MR. SHRAVANTH ARYA TANDRA, SON OF SRI. PHANI PRAKASH TANDRA, AGED ABOUT 38 YEARS, RESIDING AT NO. 301-A, RANKA ENCLAVE, 218, SIR CV RAMAN ROAD, RMV EXTENSION, SADASHIVANAGARA, BENGALURU - 560 080 ...PETITIONER (BY SRI. NISHAN G.K., ADVOCATE) AND: MRS. DEEPIKA ARYA TANDRA WIFE OF MR. SHRAVANTH ARYA TANDRA, AGED ABOUT 38 YEARS, RESIDING AT NO. 509, 5TH MAIN, 11TH A CROSS, GIRINAGAR, 2ND PHASE, BENGALURU - 560 085 ...RESPONDENT (BY SMT. JYANA KOTHARI, SENIOR COUNSEL FOR SRI. M.D. RAJKUMAR, ADVOCATE FOR C/R) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUITON OF INDIA PRAYING TO QUASHING THE - 3 - HC-KAR CNR: KAHC010591762026 NC: 2026:KHC:49149 WP No. 26595 of 2026 C/W WP No. 26583 of 2026 ORDER DATED 01.06.2026 PASSED ON I.A. NO. IV IN M.C NO. 3728/2025 PENDING ON THE FILE OF I ADDL. PRINCIPAL JUDGE FAMILY COURT, BENGALURU (ANNEXURE-A) CONSEQUENTLY, RESTORE CUSTODY OF THE MINOR DAUGHTER, BABY MIHIRA SIRI TANDRA, TO THE PETITIONER ETC. THESE PETITIONS, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI COMMON ORAL ORDER The present writ petitions are filed aggrieved by the orders passed on IA No.4 dated 01.06.2026 and IA No.5 dated 18.07.2025 in MC.No.3728/2025 by the I Additional Prl.Judge Family Court, Bengaluru. 2. The petitioner before this Court is the husband and respondent is the wife. Respondent/wife has filed MC No.3728/2025 seeking divorce. In that, IA No.V is filed to direct the JSS School authorities not to remove the child from the rolls of the school admission pending consideration of the application and also direction to the respondent to cooperate in the admission of the minor child at JSS school, Banashankari - 4 - HC-KAR CNR: KAHC010591762026 NC: 2026:KHC:49149 WP No. 26595 of 2026 C/W WP No. 26583 of 2026 and consent for immediate issue of Transfer Certificate from Air Force Training Command, Hebbal Bengaluru. That came to be partly allowed by order impugned. While passing the order, the Court has observed that so far as the direction sought by the petitioner against JSS school authorities no order can be passed as they are not parties to the petition. The record reveals the petitioner was present before the Court along with the minor daughter on 23.06.2025. Since the child is just 6 years old and residing with the mother, the Court was of the view that, the respondent for the welfare of the minor child has to co-operate with the petitioner in getting the transfer certificate from Air- Force Training Command, Hebbal, Bengaluru and get her admitted to the school at JSS School Banashankari as sought in the application and accordingly, allowed the application. Learned counsel appearing for the petitioner/husband submits that the mother without bringing this to the notice of the father, has approached the school authority and sought for a Transfer. He has come to know about these from the school authority. - 5 - HC-KAR CNR: KAHC010591762026 NC: 2026:KHC:49149 WP No. 26595 of 2026 C/W WP No. 26583 of 2026 3. It is submitted that the mother is taking all the decisions at her own whims and fancies, utter regard to the orders of the court. It is submitted that earlier with respect to the elder daughter, IA No.7 similar to IA No.5 order was passed. That was questioned before this Court by filing WP No.16755/2026. The Co-ordinate Bench of this Court by order dated 29.07.2026 had disposed of the writ petition and observed that in the impugned order, the Family Court made a clear mention that the conduct of respondent/wife taking custody of the elder daughter during pendency of a petition without the order of the court is not appreciable. However, making an observation that her conduct should not affect the education and overall well-being of the minor daughter, the Family Court allowed IA No.7. The things that went on make it evident that, expecting the same observations from the Family Court, the respondent has taken the custody of the elder daughter and got her admitted into the school of her choice without there being any orders of the court to that effect. If things like this are permitted to be done, the parties to the proceedings in Family Court will do in the way they like and - 6 - HC-KAR CNR: KAHC010591762026 NC: 2026:KHC:49149 WP No. 26595 of 2026 C/W WP No. 26583 of 2026 thereafter take shelter under the norm 'for the best interest of the child'. Having considered the fact that respondent is wholly at fault in taking custody of the elder daughter without an order of Court and thereafter getting admitted to a school without obtaining an order of the Court, the Court is of the view that there are sufficient grounds to quash the order passed in IA No.7. Accordingly, the Court has passed the order directing the Principal Kendriya Vidyalaya IISC Bangalore to enroll the child and provide all assistance for continuing her education. The Family Court is directed to pass all such orders if required on applications if any filed by either party to the proceedings to pursue her education in Kendriya Vidyalaya, and as the well- being and education of the child should not be affected, respondent is directed to take all steps to get the child continue her education at Kendriya Vidyalaya, IISC Bangalore. It is the submission of the learned counsel for the petitioner that so far the girl is not admitted in the said school, and according to him, she is sitting at home and not attending the school. It is submitted that the Court having appreciated all these facts, ought not to have allowed the application. - 7 - HC-KAR CNR: KAHC010591762026 NC: 2026:KHC:49149 WP No. 26595 of 2026 C/W WP No. 26583 of 2026 4. Learned Senior Counsel representing the learned counsel for the respondent submits that the school which they were studying earlier was near to the matrimonial home. Now, after the separation, she is staying at a place that is almost 20 kilometers from the school. It is difficult for her and the younger one, who right from the beginning is staying with her. Hence, she has taken a decision to shift the child and in fact, they have discussed it orally, and it is in the knowledge of the father. The authorities have sent a communication to the father, and even before issuing the transfer certificate, it was informed to the father. He had earlier filed the writ petition and has withdrawn the writ petition, and a writ appeal was filed, and later, as the transfer certificate has already been given, the writ appeal was also dismissed, giving liberty to avail an appropriate remedy. It is the submission that the wife has no intention to violate any of the orders of the Court and in fact against the order of the Co-ordinate Bench of this Court, dated 24.07.2025 in WP No.21333/2025, they have filed a Writ Appeal and the said Writ Appeal is pending consideration, and it is also further submitted that all the issues are very much in - 8 - HC-KAR CNR: KAHC010591762026 NC: 2026:KHC:49149 WP No. 26595 of 2026 C/W WP No. 26583 of 2026 the knowledge of the father. This Order on IA No.5 was passed on 18.07.2025. Having kept quiet for such a long time, these writ petitions are filed on 24.06.2026, which is an afterthought. Hence, it is submitted that the writ petitions are liable to be dismissed. 5. Having heard the learned counsel for the petitioner and the learned Senior Counsel for the respondent, perused the material on record. 6. The respondent/wife had filed M.C.3728/2025 seeking divorce. When she came out of the matrimonial home, the younger daughter was with the mother and the elder daughter was with the father. The mother has filed IA No.4 seeking custody of the elder daughter, and IA No.5 has been filed with regard to the shifting of the younger daughter from the earlier school to the new school. It is submitted that subsequent to the filing of IA No. 4, the elder daughter, with the knowledge of the father, voluntarily returned to the mother and has been residing with her since 05.07.2025. However, he has taken no steps to seek ‘parenting time’ for the younger child. Ever since the elder daughter moved in with her mother, - 9 - HC-KAR CNR: KAHC010591762026 NC: 2026:KHC:49149 WP No. 26595 of 2026 C/W WP No. 26583 of 2026 the mother has been taking care of her, and it remains an admitted fact that the elder child is residing with the mother. The father has not filed any application since 2025 seeking any orders from this Court. 7. Then coming to the conduct of the mother, from the order that is passed by a Co-ordinate Bench, in respect of a writ petition that is filed in respect of IA No.7, shifting of the elder daughter, it appears that the mother having filed several applications before the court. Having obtained several orders from the court, she is taking her own decisions and thereafter, she is saying that it is in the welfare of the child. In a way she is compelling the Court to pass the order as per the decisions taken by the mother. This is what has happened in case of the elder daughter and also the younger daughter. However, in the case of the elder daughter, the Co-ordinator Bench of this Court had taken a different view, and the same is pending consideration. This kind of a conduct from the litigant cannot be appreciated. The respondent/wife when she has filed MC No.3728/2025 and having obtained many orders from the Court is acting at her convenience without bringing any of these - 10 - HC-KAR CNR: KAHC010591762026 NC: 2026:KHC:49149 WP No. 26595 of 2026 C/W WP No. 26583 of 2026 facts to the notice of the Court, that is very much evident from IA No.4, after a year, she files an application to withdraw the IA No.4 stating that the elder daughter is with her. This kind of conduct cannot be appreciated, and in the considered opinion of the Court, she has to pay costs for the said conduct if this kind of action is repeated. The Family Court hereafter has to take note of the same and shall pass appropriate orders in that regard. 8. Then coming to the merits of the matter, particularly in the light of the facts concerning the younger daughter, right from the beginning, she is residing with her mother and studying in a school which is near to the place of the father, she cannot be made to continue in the same school, as it is stated that it is 20 kilometers away from the place where she is residing. 9. The husband has not raised any objection with regard to the fact that the school in which the daughter is going to be now joined is not a good school or is not in the interest of the minor. In those circumstances, the Court is of the opinion that, apart from the conduct of the mother, no other factor - 11 - HC-KAR CNR: KAHC010591762026 NC: 2026:KHC:49149 WP No. 26595 of 2026 C/W WP No. 26583 of 2026 indicates that the joining in the new school would be detrimental to the child's best interests. At the same time, it is also convenient for the mother, with whom the child is currently residing, to manage the school, commute and other logistics. 10. In that view of the matter, this Court is not inclined to interfere with the orders passed on IA No.5. Even as far as IA No.4 is concerned, except the conduct of the respondent- wife, there is nothing to interfere. In the light of the above discussion, this Court is passing the following : ORDER. i. Accordingly, the WP.No.26595/2026 and WP No. 26583/2026 is dismissed. ii. Looking at the manner in which the respondent/wife is taking decisions with regard to the education and other aspects of the children without leave of the Court, if in future, these kinds of acts are repeated, the petitioner/husband is at liberty to file an - 12 - HC-KAR CNR: KAHC010591762026 NC: 2026:KHC:49149 WP No. 26595 of 2026 C/W WP No. 26583 of 2026 application under Section 151 of CPC and the Court shall pass orders in accordance with law. iii. This Court is appointing Smt. Anuradha A, Senior Advocate as Mediator to mediate the dispute. The parties shall appear before the Mediator on 21.09.2026. iv. All Pending IAs in these petitions shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BH List No.: 1 Sl No.: 5 AK